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Friday, December 9, 2016

Russia for the second time in its history, has lived for 20 years without the death penalty


Tuesday marks twenty years since the last execution carried out by the Russian government over the private citizen. However, discussions about the necessity of lifting the moratorium on the death penalty are maintained to this day, and the opposition is gaining their political points. And yet the attitude of the society towards this issue has changed considerably.

On Tuesday, Russia will celebrate the ordinary jubilee – 20 years since the last official public execution. Last executed is the maniac from Moscow Sergey Golovkin (Fisher), who was convicted for the murder of 11 boys, but official data on this point. For the first time in its history the Russian state for so long were no executions in the reign of Elizabeth from November 1741 to December 1761 (old style). Thus, in a month will be broken and the record of the Empress.

“I worked in the Prosecutor’s office of the Union in the 80-ies and I remember walking these capital punishment cases. If there was the slightest doubt, at least some, we raised the question about the pardon

The question of the abolition of the moratorium on the death penalty and the expansion of the list of articles of the criminal code, providing for executions regularly rises in the lower house of Parliament. To resume executions from time to time called the representatives of all opposition factions in the first place for terrorism.

So, in March 2015, the state Duma considered and rejected the bill is Roman Khudyakov (LDPR) proposed to introduce the death penalty not only for terrorism but also for the encouragement of drug use, if it resulted in the death of two and more persons. the requirement to return the penalty is contained in the party program of the liberal democratic party, he played the leader of the party Vladimir Zhirinovsky. In November last year, after the death of a Russian Airbus in Egypt, the leader of “Fair Russia” Sergey Mironov has demanded to be shot for terrorism, and allowing the security services to bring out the sentence and outside the country.

The last time a similar call was made in the state Duma in may, when discussing the package of bills to strengthen accountability for terror and extremism. “I think that efficient would be two measures. First, the lifting of the moratorium on the death penalty for these crimes. Secondly, the introduction of confiscation of property in respect of the accused in these crimes”, – said Yuri sinelshchikov (CPRF), Deputy Chairman of the Duma Committee on criminal law, honored lawyer of Russia, the former Deputy Prosecutor of Moscow. As writes RIA “news”, sinelshchikov reminded that the bill of the Communists is already in Committee.

In an interview with the newspaper VIEW Shiyan acknowledged that terrorists from the number of bombers by itself, the threat of execution is not very scare. “But they still don’t want to be shot – I communicated with such people. They believe one thing when they blow themselves up and take other people’s lives, and another thing, if they are killed. They are against it, the Deputy said. – Therefore, a more effective measure in relation to our terrorists who tied himself with explosives, would be a confiscation of property, and including family members when his family would be left without any material surplus”.

In this case, a potential terrorist would be very thoughtful, said Shiyan. “Race for him, as a rule, a thing valuable. Society? On him he wanted to spit, including the elderly and children. But if he gets to know that his children, his parents, the elderly will have nowhere to live, it is very much attended to. So confiscation would be effective, – said the Deputy. – But the penalty is needed first of all to such people walked on this earth. They have no right on this earth to walk.”

As for maniacs, serial killers, and now formally, the death penalty, reminded the MP, just the sentences are not enforced. “Voters in the majority, of course, advocate that in the case of mass death of people, terror comes to the death penalty. I have not heard any voice to such people would apply the moratorium on the death penalty,” said Shiyan.

Recall that the current criminal code mentions five kinds of crimes that formally face a firing squad: it’s murder with aggravating circumstances, an encroachment on life state or the public figure, attempt on the life of a person administering justice or preliminary investigations, attempt on the life of a law enforcement officer, and genocide.

As you know, the death penalty in Russia is not issued, and previously issued are not enforced. In 2009, the constitutional court de facto abolished the death penalty, calling it “irreversible”. As explained by a former CC judge Tamara Morshchakova, return the penalty can not except the adoption of a new Constitution by national referendum.

However, many heads of the power unit are also encouraged to resume execution. Such called in 2013, for example, were the head of the MIA of Russia Vladimir Kolokoltsev. In December last year, the same call was made by the head of the Investigative Committee Alexander Bastrykin.

Unlike his Deputy, the Chairman of the criminal law Committee of the state Duma, the Chairman of the Association of lawyers of Russia Pavel Krasheninnikov (United Russia) believes that the imposition of penalty for terrorists will not stop them, to fight these criminals you need to create a global anti-terrorist organization.

“Why again and again almost all the opposition offers to return the death penalty? This is a political issue. They are playing with voters. Because the society is not satisfied with the fight against crime. The most populist, the most simple and understandable way is a sacrifice. The sacrifice is the death penalty. Caught one out of a hundred criminals, but told them, look, caught and executed. Thing is very dangerous because we have a huge number of miscarriages of justice and punishment is an irreversible action. Play with it should not be” – warned the head of the Committee.

In his opinion, it is necessary to bear a moratorium, at the same time educating society. “Although the level of aggression in society and high request for the return of the execution, on the contrary, gradually decreases. We do sociological measurements. For the abolition of the penalty in the 90 years was five percent and now thirty percent. Still, the level of education increases, and people realize that, in General, is not an option. Must be the principle of inevitability, not of cruelty,” concluded Krasheninnikov.

Shiyan unconvincing argument that Russian law enforcement system is often wrong. “Excuse me, why in the Soviet time almost these errors were not? There was a system that will eliminate these errors. I worked in the Prosecutor’s office of the Union in the 80-ies and I remember walking these things about the death penalty, – the Deputy-the Communist. – If there was the slightest doubt, at least some, we raised the question of clemency.”

However, sinelshchikov remembers the failures, including the tragic episode when, in 1982, the Rostov regional court has sentenced to death a resident of the city of Shakhty Alexander Kravchenko for the murder of nine girls. Later it turned out that this murder is in some other was committed by a maniac Andrey Chikatilo. In 1990, Kravchenko was posthumously rehabilitated. “Probably, mistakes everywhere and always can be. Why in this case, the system did not work, can not answer, did not understand,” admitted sinelshchikov.

Recall, Russian President Vladimir Putin does not believe the death penalty is the most effective means of fighting crime. The head of state, for example, said in April 2013 in a straight line. The question was raised in connection with the events in Belgorod, where previously convicted Sergey Pomazun shot six people.

“Sometimes, when faced with such things, the hand she reaches for a pen to sign some documents aimed at the return of the death penalty, or ask about the deputies, – admitted then Putin. – But you have to talk to experts, criminologists. They believe that the tougher penalties will not lead to eradication to reduce the level of crime”.

As an example, he cited the Roman Empire, where the death penalty sentence even for pickpocketing, and “most such crimes were committed in the midst of the people” during the sentence execution. “I understand people’s outrage and desire to punish the perpetrators. The question of efficiency. We have such punishment as life imprisonment, and I assure you, prisons are no resorts,” – said the President.

 

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