Conscious breathing technique from Eastern medicine. Conscious breathing - conscious living

“Punishment is a measure of state coercion, imposed by a court verdict. Punishment is applied to a person found guilty of committing a crime and consists of the deprivation or restriction of the rights and freedoms of this person provided for by this Code” (Criminal Code of the Russian Federation).

THE EXCEPTIONAL PUNISHMENT IS THE DEATH PENALTY.

On January 25, 1996, the Parliamentary Assembly of the Council of Europe admitted the Russian Federation to the Council of Europe. In accordance with the conditions of admission, Russia is obliged to sign, within 1 year, and no later than 3 years from the date of accession, to ratify Protocol No. 6 of the European Convention for the Protection of Human Rights. The first article of this protocol reads: “The death penalty is abolished. NO ONE SHALL BE SENTENCED TO DEATH PENALTY OR EXECUTED.”

Thus, Boris Nikolaevich Yeltsin, with one stroke of the pen, introduced a moratorium on the death penalty in Russia and thereby split Russian society into two parts: opponents and supporters of the abolition of the death penalty.

We have repeatedly discussed the problem of the death penalty in Russia in history lessons. In light of the events of the last decade, this is a very pressing issue.

The purpose of our research is to find out whether our society is ready today for the final abolition of the death penalty as capital punishment.

To achieve this goal, in our research work we tried to solve the following problems:

First, study the history of the death penalty in Russia.

Secondly, find out how things are with the death penalty in other countries.

Thirdly, find out what the state of public opinion is on this issue today.

The place where our research was conducted was the libraries and streets of the city of Omsk, as well as the state educational institution NPO “Vocational School No. 22”. Duration of the study: November 2005 – February 2006.

We started collecting information in libraries. Here we have collected the necessary material for studying the history of the death penalty both in Russia and in foreign countries. A valuable source in this regard for us was the work of N. P. Zagoskin “Essay on the history of the death penalty in Russia” and A. V. Malko “The death penalty as a legal restriction.”

In the computer science room at our school, we used the Internet and received the necessary information about crime statistics in Russia.

After we had thoroughly studied the issue of the history of the death penalty, we conducted a sociological survey. His goal was to find out what the state of public opinion is in relation to the death penalty today. The sociological survey was conducted on the streets of our city and within the walls of our school.

"History of the death penalty in Russia"

For the first time in the history of the Russian state, the death penalty was legally enshrined in 1398 in the Dvina charter, which legally formalized the entry of the Dvina land into the Moscow state. In Art. 5 of this charter states: the death penalty is imposed only in one case - for theft committed for the third time.

The Pskov Judgment Charter of 1467 significantly expands the use of the death penalty:

1. Theft in the church.

2. Embezzlement.

3. High treason.

4. Arson.

5. Theft committed for the third time.

6. Murder.

The death penalty pursued, first of all, the purpose of retribution, intimidation, as well as for the safety of the entire society and the relative peace of citizens.

The Code of Law of Ivan III (1497) expanded the use of the death penalty: robbery, theft (repeated), slander, murder of one's master, treason, sacrilege, theft of slaves, arson, state and religious crimes.

The Code of Law of Ivan IV (1550) established the death penalty for many crimes: for the first theft, if the thief was caught red-handed or confessed to his crime during torture; for the second theft and second fraud, if the offender confessed; for robbery, murder, snitching or other “dastardly deed” if the criminal is “led by a dashing one”; for the murder of a master, high treason, church theft, arson, if the criminal is a “dashing follower.” In general, the code of law provides for the death penalty in 12 cases.

The execution was carried out publicly, with a large crowd of people. The corpses or parts of the bodies of those executed were displayed at the execution site for intimidation. Such spectacles, as contemporaries noted, did not outrage public opinion, did not cause protest or disgust.

Mass executions were carried out in Moscow, at Lobnoye Mesto. Terrible tortures were carried out not only against the common people, but also against the boyars and other noble people. At Lobnoye Mesto they buried women guilty of adultery, impaled them, wheeled them on the wheel, and quartered them. And all this happened in front of a crowd of thousands.

But if we compare the number of executions in Russia and Western European countries, they surpassed us during this period. For example, in Germany under Charles V, about 100 thousand people were executed. Judge von Karptsov alone had to impose about 20 thousand death sentences. In England, under Henry VIII, 70 thousand stubborn beggars were hanged out of a total population of 4.5 million people.

According to the Council Code of 1649, especially dangerous crimes against persons and property were punishable by death: murder, poisoning, arson, repeated robbery, harboring dangerous criminals, rape by military men, torture, tobacco trafficking. In total, the death penalty could be imposed for 63 crimes. The Code of 1649 provided for five types of execution of the death penalty. However, in practice they were not limited to these methods.

In Russia, the death penalty was divided into ordinary and qualified.

Ordinary or simple ones included: beheading, hanging and drowning.

Qualified execution: burning, pouring metal into the throat, quartering, wheeling, burying in the ground up to the shoulders, impalement, etc.

Each type of death penalty was applied for a specific type of crime. For example, hanging - for treason against military affairs, drowning - on a large scale. By order of Vasily Shuisky in 1607, captured rebels were taken out in the hundreds every night and killed by hitting them on the head with a club, and their bodies were lowered under the ice of the Yauza. For rape, the instrument of “dishonor” was to be cut off before execution. Burning - for religious crimes, was carried out at the stake or in a wooden frame.

Under Ivan the Terrible, they began to use such a barbaric method as boiling in oil, wine or water for high treason. It was painful. Pouring molten lead into the throat was used on counterfeiters. Quartering - for insulting the sovereign.

The author of several new types of death penalty was Ivan the Terrible himself. One of his “inventions” involved sewing a man into a bearskin and then setting dogs on him. One day he ordered several monks to be tied to a barrel of gunpowder and blown up, “so that they would immediately fly to heaven.”

The legislation of the era of Peter I refers to the death penalty more often, in 123 cases. However, the number of methods of death penalty was reduced to three:

1. Decapitation - for military personnel it was carried out with a sword on a block or on a log, and not with an ax, as it was before Peter I.

2. Execution.

3. Hanging.

During the time of Anna Ioannovna, the system of punishment included the death penalty in the form of: chopping off the head, hanging, wheeling, burning, whipping, flogging, batogs, exile to the galleys, etc. It could be applied to a person 12 years of age.

An attempt to completely abolish the death penalty in Russian legislation was made back in 1744. An order was made by Empress Elizabeth to submit all death sentences for her consideration, and on September 30, 1754, a Senate decree was issued to abolish the death penalty and replace it with lifelong hard labor with the branding of the criminal with the mark “thief” on the forehead and cheeks and cutting out the nostrils. That is, attempts to abolish the death penalty occurred in the 18th century, but the abolition of the death penalty was not actually accomplished.

In 1787, Catherine II, in her manifesto, published on the occasion of the 25th anniversary of her reign, also ordered that all those sentenced to death not be executed, but sent to hard labor.

But contrary to Elizabethan and Catherine’s instructions, death sentences were imposed and carried out. Just look at the cost, for example, of the mass executions of the leaders and participants of the Pugachev uprising (more than 20 thousand people were executed).

Under Emperor Alexander I, a new Criminal Code was being developed. The death penalty was used extremely rarely. In total, 24 people were executed over 25 years. Moreover, the vast majority of executions occurred during the Great Patriotic War of 1812, when sentences to death were handed down by military courts.

On January 1, 1835, the Code of Laws of the Russian Empire of 1832 came into force. In accordance with it, the death penalty in Russia was retained, but was applied only to three categories of crimes:

1) political (when they, due to their special importance, are subject to consideration and decision by the supreme criminal court);

2) for violation of quarantine rules (i.e. for so-called quarantine crimes committed during epidemics or involving violence against quarantine guards or quarantine institutions);

3) for military crimes.

During the time of Alexander II, not a single death sentence was carried out for 12 years - they were replaced by exile, hard labor, or life imprisonment. In 1883 and 1885, only one person was executed. In 1889 - 3, in 1890 - 2 people.

Many sovereigns, having come to power, began with amnesties. Alexei Mikhailovich, the father of Peter I, ordered the release and exile of all imprisoned thieves and robbers sentenced to death. Peter I ordered the same in 1691.

Until the 19th century, the punishment system was dominated by the death penalty and corporal punishment rather than imprisonment. The reason is banal - there were not enough prisons. Only the Code of Laws adopted in 1832 placed emphasis on imprisonment and corporal punishment. And in Russia they beat me with a rope, a whip, a stick, a bullwhip, batogs, whips, and spitzrutens. The hardest test was considered to be whipping. This flogging, where the meat was torn from the bones, was actually a hidden form of capital punishment.

Until 1881, capital punishments were carried out publicly in front of a large crowd of people. But then Alexander III issued a Decree, which invited the governors to determine the prisons in which the death penalty was carried out. The authorities realized that publicly tightening ropes around the neck does not evoke feelings of gratitude among the people. By that time, there were only two types of death penalty - hanging and beheading. But after a few years, beheading was replaced by execution.

After the suppression of the revolution of 1905, the scope of the death penalty was great - without trial or investigation, with the permission of the governor and commanders-in-chief. After the February Revolution, the death penalty was abolished on March 12, 1917, but on July 12, 1917 it was restored again: for murder, robbery, treason, escaping to the enemy, leaving the battlefield, etc.

The October Revolution of 1917 began with the abolition of the death penalty. This happened already on the second day after the Bolshevik victory, when the decree of the Second All-Russian Congress of Soviets of October 26, 1917 announced the abolition of the death penalty.

In addition, in Soviet times, two more attempts were made to abolish the death penalty - by the resolution of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR "On the abolition of the use of capital punishment (execution)" dated March 17, 1920 and the Decree of the Presidium of the Supreme Soviet of the USSR "On the abolition of the death penalty" dated May 26, 1947.

The restoration of the death penalty was usually justified by such reasons as the severity of the class struggle, the resistance of the overthrown exploiting classes, the situation on the fronts of the Civil War, and the subversive activities of imperialist states. Moreover, during the civil war, the death penalty was used not so much to combat especially dangerous crimes, but for political purposes. In accordance with the resolution of the Council of People's Commissars of the RSFSR "On the Red Terror" dated September 5, 1918, the death penalty by shooting was also applied to persons involved in White Guard organizations, conspiracies and rebellions. On September 16, 1918, the People's Commissariat of Justice of the RSFSR adopted a resolution that revolutionary tribunals are not limited in the extent of applying any punishment to criminals. During the period of the civil war and military intervention, the following were sentenced to death by the tribunals from among all those convicted: 1919 - 14%, 1920 - 11%, 1921 - 5%, 1922 - 1%. During this period, the death penalty was applied by the Cheka, an activity that was not legally regulated until November 1918. For nine months (June 1918 - February 1919), according to the verdicts of the Cheka, 5,496 people were shot in the territory of 23 provinces. The practice of shooting hostages was widely used; bloody executions of rebel Kronstadt sailors, Tambov peasants, and representatives of the clergy are known. There are also known cases of fabrication of such cases. These include the so-called V. Tagantsev conspiracy case, in which, by decision of the Petrograd Gubchek, 61 people were executed on August 24, 1921, among whom were 16 women. The famous Russian poet N. Gumilev was also executed.

An extremely widespread practice of applying the death penalty in cases fabricated by security agencies was carried out in the 30s. It was used not only on charges of counter-revolutionary crimes. According to, for example, the resolution of the Central Executive Committee and the Council of People's Commissars of the RSFSR dated August 7, 1932, execution was also used for theft of state and public property. Soviet codes (Criminal Code of the RSFSR 1922, 1926 and 1960) did not include the death penalty in the punishment system, citing the temporary nature of the exceptional punishment.

Soon after the Great Patriotic War, by decree of the Presidium of the Supreme Soviet of the USSR on May 26, 1947, the abolition of the death penalty was proclaimed. This decree established that for crimes punishable under current legislation with the death penalty, in peacetime, imprisonment in forced labor camps for a period of 25 years is applied. Three years later, on January 12, 1950, a decree of the Presidium of the Supreme Soviet of the USSR “On the application of the death penalty to traitors to the motherland, spies, subversives and saboteurs” was adopted, and on April 30, 1954, the death penalty was also introduced for intentional murder. The basis of the criminal legislation of the USSR and union republics of 1958 and the Criminal Code of the RSFSR of 1960 (when adopted) significantly reduced the scope of application of the death penalty, but soon amendments began to be made to the Criminal Code in this regard, and gradually the use of the death penalty was expanded again.

A decisive step towards reducing the death penalty was made in the fundamentals of the criminal legislation of the USSR and the republics in 1991 (as noted, neither came into force due to the collapse of the USSR). With the collapse of the USSR, already in the Russian Federation, the number of death sentences imposed increased. This was caused by political and economic instability reflected in the growth of serious and especially serious crimes.

The Russian Federation became a member of the Council of Europe. This fact, of course, should receive a positive assessment, both economically and politically.

At the same time, it is known that Russia’s admission to the Council of Europe is associated with a number of conditions and recommendations. In particular, we are talking about signing within one year and ratifying no later than three years from the date of entry into force of Protocol No. 6 to the European Convention for the Protection of Human Rights, concerning the abolition of the death penalty in peacetime, and the establishment of a moratorium on the execution of death sentences.

"Death penalty in foreign countries"

In the era preceding the bourgeois revolutions in Europe at the end of the 18th century. The death penalty has been the main method of combating a wide variety of crimes in many states. But already at the end of the 18th century. In connection with the Enlightenment in Europe, ideas for abolishing the death penalty emerged. It should be noted that in the 70-80s. There is a clear trend in the world community towards reducing the use of the death penalty and its abolition. Thus, the UN General Assembly on December 15, 1989 adopted the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at the abolition of the death penalty, and called on all governments that are able to do so to consider signing it and ratifying or acceding to it . To date, in more than 80 countries of the world, including all countries of Western Europe.

In connection with the use of the death penalty, all states can be divided into a number of subgroups:

1) The legislation of 35 states does not provide for the use of the death penalty for any crime - among them are Austria, Germany, the Netherlands, Norway, Sweden, a number of Latin American countries, and Australia.

2) In 18 countries of the world, the death penalty can be applied only in special circumstances, for example, in wartime - such countries include Great Britain, Italy, Switzerland, Canada, Brazil, Mexico, New Zealand.

3) 26 countries have retained the possibility of the death penalty in legislation, but have not applied it in practice for 10 years or more (Belgium, Greece, Bolivia).

4) More than 100 countries apply the death penalty for ordinary crimes, including the former republics of the USSR (including Russia), Burundi, Angola, Zambia, Syria, the UAE, Egypt, 38 US states, and others.

This measure of punishment is used most intensively in the following countries: Iran, South Africa, China, hundreds of people in Iraq.

Recently, more than 50 states have expanded the list of crimes for which the death penalty can be imposed.

It is not only Russia that is looking for an answer to the question: to have or not to have the death penalty. Great Britain, Belgium, and Greece are also in no hurry to ratify Protocol No. 6. Ukraine, which joined the Council of Europe before Russia, continues to use the death penalty. “If we compare the number of death sentences carried out and the number of victims who are no longer alive, the only correct conclusion can be that this measure of punishment is necessary,” said Assistant to the President of Ukraine Oleg Litvak. “However, with the development of the state and legal consciousness, the need for the death penalty will disappear.” In Moldova, after its declaration of independence, not a single death sentence was carried out. But the sentiments among Moldovans on this matter are different. Many believe that this will further fuel the rapidly growing crime rate in the country.

By the way, in the United States in 1994, 80% of respondents supported the need to use the death penalty. In Belgium, a Council of Europe member that has not used the death penalty for more than 40 years, several mass demonstrations took place a couple of years ago demanding the execution of a criminal who had served time for child rape and, the day after his release, raped and killed two little girls.

Abroad, the methods of execution of the death penalty are much more diverse compared to Russia.

Shooting as a method of capital punishment has been known almost since the invention of gunpowder. According to Amnesty International, the largest number of countries use execution (86).

Hanging is used in 78 countries around the world.

Beheading was used in France before the death penalty was abolished. Currently, it is established by law in Belgium, where the death penalty has not actually been used since 1950, as well as in some other countries where this type of execution is provided for along with any others. In practice, this type of death penalty is now used only in Saudi Arabia.

Throwing stones is one of the painful methods of carrying out a death sentence. The convict is buried in the ground, leaving only his head on the surface, after which he is pelted with stones. In Art. 119 of the Islamic Penal Code of Iran specifically states that “the stones should not be too large so that the convicted person does not die from one or two blows, but they should also not be so small that they cannot be called stones.”

In addition to all of the above, there are three types of death penalty that are applied only in the United States. In addition to hanging and shooting, the United States also uses the electric chair, gas, and intravenous injection of special sedatives.

Execution in the electric chair is carried out with high current using electrodes specially connected to the body of the condemned person. Electric shock leads to loss of consciousness, although death occurs after a certain time, sometimes up to 10-15 minutes, as a result of cardiac arrest and respiratory paralysis. There are known cases when a person subjected to such an execution did not immediately lose consciousness, and it was necessary to repeat the switching on of the current up to five times before death occurred. The literature describes a case where death did not occur during the execution of the sentence, and a special decision of the US Supreme Court was required that a second execution does not contradict the Constitution. The convict was re-executed a year later.

In modern civilized countries, the legislator strives to carry out the death sentence, while causing a minimum of suffering to the convicted person. At the same time, the execution of the death penalty in itself cannot but cause suffering and distress for the convicted person. In some cases they are unavoidable. First of all, the reason for this is the long period of time that passes from the moment the sentence is passed to its execution. The impossibility of immediate execution of a sentence in civilized countries is beyond doubt. The convicted person must be given the right to appeal the verdict. This allows you to avoid (or at least reduce the number of) errors. The convicted person must have the right to apply for clemency. However, it should be noted that often the time for consideration of complaints and petitions exceeds a reasonable limit. Meanwhile, the consideration of complaints and especially petitions for pardon often drags on for several years. In Indonesia, two convicts were executed in 1985, 25 years after their convictions. In Japan, one convict waited 37 years for execution and died on death row at the age of 95. In the United States, the situation in this regard is no less difficult. In February 1996, the sentence of William Bonin, convicted in 1982 of the brutal murder of 14 teenagers, was carried out in California. A maniac dubbed the “freeway killer” dumped the naked bodies of children on the side of high-speed roads. Why, despite the complete clarity of the case, did it take more than 14 years to approve the death sentence? It turns out that according to the laws of American states, a person sentenced to death has the right to appeal to the state Supreme Court, which usually lasts for 5 years. After this, the convicted person can appeal the decision of the Supreme Court in the State District Court, and finally, having failed, in the final instance - the Supreme Court of the United States - the convicted person has the right to appeal again to the State Supreme Court, where the process begins from the very beginning. The justice machine in the United States is very slow - only 2% of death sentences are carried out within a year. According to experts, the death row in the United States will increase to 4,645 people by 2007.

Some countries have established a procedure under which the death penalty is automatically commuted to life imprisonment if it is not carried out within the prescribed period. In Romania this period is two years, in Greece - three.

Those condemned to death experience its anticipation in different ways. Some are calm, others fall into deep depression or, conversely, become aggressive, others turn to religion, and others commit suicide.

The condition of the convicted person is even more difficult when it is announced that his petition has been rejected and the sentence will be carried out. In some countries, this is announced to the convicted person immediately before execution, in others - in advance. For example, in Japan, the convict is notified of the date of execution no earlier than 1-2 days in advance, and in some cases is not informed at all. In the state of Florida, the exact date of execution of the sentence is announced 4 weeks in advance (so that the person can consciously complete his life’s journey).

Nowadays, most countries, including Russia, have abandoned the public execution of capital punishment. According to the UN, in the 1980s and 1990s, at least 22 countries carried out capital punishment in public, including China, Pakistan, Libya, Saudi Arabia and others.

"The Death Penalty and Public Opinion"

Discussions about the abolition or preservation of the death penalty in Russia have been going on since the 18th century. Hundreds of authors have spoken on this topic, holding directly opposite points of view.

"AGAINST"

In 1906, the collection “Against the Death Penalty” was published, edited by M. Gernet, which included articles by prominent Russian lawyers, philosophers, writers and church leaders, and in 1913 Gernet published the monograph “The Death Penalty”, where he opposed the use of the death penalty: “No matter how difficult it is to add anything new to the arguments against the death penalty, the Russian reality around us, with its daily death sentences and its nightly executions, provides more and more new facts that loudly scream about the horror, powerlessness and injustice of this punishment. These facts, terrible in their laconic brevity, reveal such a deep abyss of human suffering, when looking at which one’s head is spinning, the heart stops beating and the mind refuses to understand that we, people of the 20th century, are contemporaries of these facts and that they are looking for justification in our good, for the good of "society"

Next, Gernet gives the arguments of supporters of the death penalty. Here are some of them: “Supporters of the death penalty consider its main advantage that it exterminates criminals and deters them.” But Gernet refutes this assertion, citing statistics on the increase in the number of sentenced and executed people from 1905 to 1909.

These statistics show that the death penalty has not eliminated criminals or stopped new crimes. Russian criminological literature has repeatedly pointed out the complete impotence of the death penalty in the fight against political crime.

The next argument of supporters of the death penalty is its justification for the purposes of “just retribution.” This kind of “justice” supposedly requires punishment-suffering equivalent to the gravity of the crime. Such a theory does not know or does not want to know the full severity of the punishment of death, before which the torment of the murderer’s victim pales.

All punishments by death amount to the taking of life. But in the vast majority of cases, the physical torment of the death penalty is nothing in comparison with the mental torment of waiting for death and parting with family and friends. This is how N. Tagantsev writes about this in the bill “On the Abolition of the Death Penalty”: “What about the murder victim? During a murder, the victim herself, of course, may suffer, may suffer if the wound was not fatal, if the physical pain lasted for quite a long time. But where the murder was outright, where death occurred immediately, the suffering ends soon. Now imagine the feelings of the convicted person. Try for a moment to put yourself in his position, when the sentence is confirmed, when the request for pardon is not accepted, when there is no more way out, when a person counts the days, hours and, finally, minutes that he has left to live, a healthy person, and after which his life will end. life according to the will of an inflexible law that punishes crime. At this moment a person really endures such suffering that makes him forget about the crime.”

But not only prominent lawyers were ardent opponents of the death penalty; great philosophers also joined them. For example, V. Solovyov in his article “On the death penalty” pointed out the futility of its use.

The main argument of opponents of the abolition of the death penalty is the catastrophic increase in crime. The growth is truly impressive. Since 1989, the number of people convicted of premeditated murder (it is for this type of offense that the possibility of imposing capital punishment is provided) has doubled over the course of 14 years. The number of murders with aggravating circumstances increases annually by 20-30%.

The last five years are characterized not only by the growth of the criminal element, but also by the strengthening of armament, cruelty, organization and professionalism of the criminal world. Could immediate abolition of the death penalty create a sense of impunity? “No,” say supporters of the abolition of the exceptional measure. “Why not try to escape, and with money too? Still, the death penalty is not used. Even if the court convicts, everyone will be pardoned,” says a criminal who took three employees of a pre-trial detention center hostage in Yekaterinburg. In the end, do people like Chikatilo have the right to live, and are they people at all?

Currently, crime in Russia has a steady upward trend, both quantitatively and qualitatively. There are both objective and subjective reasons for this. The most significant of them are the enormous difficulties associated with the transition to a market economy, the destruction of long-term economic ties, the decline in production, and the economic crisis. The consequence of this was a decline in the standard of living of most of society, a sharp division into “rich” and “poor”. Professional and organized crime has become widespread. Criminal groups, and primarily mafia groups, took the leading position; the main forms of their actions were drug trafficking, racketeering, and the widespread use of killers. Their methods of operation include corruption, protectionism, and bribery, often covering entire industries and systems. The most dangerous pressure is the penetration of the mafia into power and management structures. In the general structure of crime, serious and acquisitive crimes predominate. Murder, grievous bodily harm, robbery, robbery, fraud, extortion, etc. In such conditions, the death penalty, according to its supporters, is a deterrent.

Many people advocate the use of the death penalty, based on the fact that in order to abolish it, appropriate conditions are necessary that must be created. In the meantime, there are no such conditions in our state, the death penalty plays the role of a deterrent. In the early 60s, every third convict was sentenced to death for premeditated murder with aggravating circumstances. By the end of the 60s, the proportion of those sentenced to death had halved. At the end of the 70s, 10-12% of those convicted of this crime were sentenced to this punishment. By the end of the 80s, the corresponding figure was 6-8%, and in the mid-90s it was less than 3%. Thus, over the past 35 years, intentional murder under aggravating circumstances has become punishable by death almost 12 times less often.

On the eve of the introduction of the moratorium in Russia, the following situation with the death penalty developed:

Year Death sentences Executed Pardoned Petitions rejected

1991 147 5 37 52

1993 157 4 149 4

1994 160 19 134 13

Looking at this table, we clearly see that even before the introduction of the moratorium, death sentences were practically not carried out.

A sociological survey we conducted showed that the majority of respondents have a negative attitude towards the complete abolition of the death penalty.

400 people took part in the sociological survey. Of these, 186 are women and 214 are men.

The answers of men and women were practically the same.

At the same time, quite significant differences were found in the answers of respondents of different ages. Among teenagers under 18 years of age (111 people), 2.7% were in favor of abolishing the death penalty; among young people aged 19 to 30 years (107 people), only 6.5% were in favor of the abolition of the death penalty. Middle-aged citizens (93 people) are more tolerant of the idea of ​​completely abolishing the death penalty - 10.8. And finally, among those over 60 years old (89 people), 17% believe that society can do without execution.

The opposite picture emerged when respondents were distributed by level of education. As it increased, the percentage of supporters of the abolition of the death penalty fell sharply: among those who do not have a secondary education, 15.8% were in favor of the abolition of the death penalty, among those with a secondary education - 6.3%, and among those with a higher education - only 5%.

A significant portion of respondents (69.1%) believe that the death penalty should be used, but only in the most extreme cases. This is 61.1% of adolescents, 78.1% of young people, 66.1% of middle-aged people and 70.2% of those over 60 years of age.

Among respondents, every fifth (22.1%) believed that the death penalty should be used, and as widely as possible. Some wrote on the questionnaires: “This is the only way to end crime.”

The most common answers from supporters of the death penalty when asked about the reasons for maintaining the death penalty were answers along the lines of “an eye for an eye, a life for a life.”

Responses from opponents of the death penalty were more varied. For example: “The death penalty is too light a punishment”; “We don’t give life, it’s not for us to take it away”; “They can execute an innocent person”; “The criminal needs to be re-educated,” etc.

The results of our sociological survey clearly show that today there are many more supporters of the death penalty than its opponents. It seems to us that this position of the majority does not indicate the bloodthirstiness of our society, people simply want to feel protected, and the presence of the death penalty in legislation gives the people a feeling of protection.

Thus, we can argue that our society today is not yet ready for the complete abolition of the death penalty. Perhaps in the future the death penalty in Russia will be abolished. However, it is currently difficult to predict the time frame for such a step in advance. The decision to completely abolish the death penalty depends on a number of factors. Many of them are related to economic and political conditions. This is a general stabilization of the situation in the country (political and economic). The state of the crime situation is also very important.

Conclusion

Summing up the results of our research, we must say that the tasks posed at the beginning of the work were solved by us.

In the first chapter we studied the history of the death penalty in Russia. We found out that an attempt to completely abolish the death penalty in Russian legislation was made back in 1744. But until the 19th century, the punishment system was dominated by the death penalty and corporal punishment, rather than imprisonment. The reason is banal - there were not enough prisons. Only the Code of Laws adopted in 1832 placed emphasis on imprisonment and corporal punishment. During Soviet times, several attempts were made to abolish the death penalty. And in almost all cases, capital punishment was restored very quickly. But it was always stipulated that this was a forced measure caused by current circumstances. Thus, we have shown that today's attempt to abolish the death penalty has deep roots in the history of Russia.

In the second chapter we found out how things stand with the death penalty in other countries. In Europe at the end of the 18th century. The death penalty has been the main method of combating a wide variety of crimes in many states. But already at the end of the 18th century. In connection with the Enlightenment in Europe, ideas for abolition of the death penalty emerged. In the 70-80s. XX century in the world community there is a clear tendency to reduce the use of the death penalty and its abolition. Thus, the UN General Assembly on December 15, 1989 adopted a protocol to the International Covenant on Civil and Political Rights aimed at the abolition of the death penalty, and called on all governments that are able to do so to consider signing it and ratifying or acceding to it. However, attitudes towards the death penalty in the world are ambiguous. Only 35 countries do not use the death penalty. Most countries use the death penalty quite actively (the United States is a striking example).

In the third chapter, we found out what the state of public opinion is on the issue of maintaining or abolishing the death penalty today. Discussions about the abolition or preservation of the death penalty in Russia have been going on since the 18th century, and today they are especially active. The death penalty has always had opponents and supporters. Both sides make very reasonable arguments for their point of view. However, a sociological survey we conducted showed that the majority of the population still has a negative attitude towards the complete abolition of the death penalty. Perhaps in the future the death penalty in Russia will be abolished. However, it is currently difficult to predict the time frame for such a step in advance. The decision to completely abolish the death penalty depends on a number of factors. Many of them are related to economic and political conditions. This is a general stabilization of the situation in the country, its way out of the economic crisis. The state of the crime situation is very important.

Russia and the Council of Europe. Moratorium and subsequent abolition of the death penalty. The first step has been taken. Will there be a second one? Should we do it? Do we need him? We hope that our work will help everyone who is interested in making their final choice.

Moscow City Pedagogical Gymnasium-Laboratory No. 1505

Pros and contras of the death penalty

Sunyaeva Kamila 9 "B"

Head: Poletaeva Marina Andreevna

Moscow 2009.

Introduction…………………………………………………………………………………3

Chapter 1. History and types of the death penalty……………………………………………………………......6

1.1. Historical types of death penalty………………………………………………………………...6

1.2. History of the death penalty in the 19th – 21st centuries……………………….................................... 12

Chapter 2. Pro and Contra of the death penalty……………………………………………………………………...17

2.1. Contra the death penalty………………………………………………………………17

2.2. About the death penalty…………………………………………………………………………………..22

Conclusion……………………………………………………………………………….25

References………………………………………………………………………………27

Appendix………………………………………………………………………………29

Introduction.

Relevance.

Today in the world there are many disputes regarding the death penalty: some take a “pro” position, others are “contra”. In this regard, each country in the world makes an independent decision: to abolish or approve this type of punishment.

From the point of view of science and practical application, the topic of the essay will never cease to be relevant.

Firstly, for a modern person to independently assess the death penalty (to be its supporter or opponent), it is necessary to know all the pros and cons of this type of punishment. Naturally, without this, there would not have been such numerous and fierce debates on this topic not only on television, but also in many other media sources. After all, every position that is considered in everyday life, i.e. according to human criteria, as “pro” the death penalty, from the point of view, suppose, the “Convention of Human Rights” has a “contra” position, and vice versa.

Secondly, for an independent assessment of the death penalty, each person needs to study the history of its origins and application, and also compare different periods of time and places in connection with which the death penalty took on one or another degree of cruelty of punishment. The abstract reveals all these features for study.

This essay describes a brief history of the death penalty, types, countries in which certain punishments were applied, which, in turn, differed from each other in the degree of cruelty and perversity.

In connection with the above, I tried to consider, argue and analyze the main positions “for” and “against” the death penalty. But the main thing is, of course, to consider each “pro” or “contra,” if possible, from different points of view, in detail, with arguments from various sources for their positions on this issue. Based on this, I was given the goal of developing my own position regarding the question asked: to be a supporter or opponent of the death penalty.

Tasks.

To achieve this goal, this essay includes the following tasks: first, to briefly describe the history of the death penalty and its types. However, we are talking not only about historical types of death penalty, but also modern ones. And in this essay, we initially talk about historical types, the countries in which they were carried out, and, respectively, the period during which this or that execution was carried out. And then we talk about the idea of ​​abolishing the death penalty, which is being developed by the UN International Assembly.

Secondly, based on this, another task is to establish the positions for and against the death penalty. To begin with, the main “pros” are revealed, in connection with which the death penalty has been used throughout the world for so long, after which the “contra” positions are listed, the ideas of which are developed by the UN Assembly.

Literature.

The first literary source was the Internet page of the site ru.wikipedia.org. The strength of this site is that it contains the most comprehensive history of the death penalty, compared to many other sites.

However, I also used V. O. Mushinsky’s book “Fundamentals of Law” as supporting literature, since many concepts and logical explanations were missing from the above site.

But the question of the types of death penalty remained open. For an answer, I turned to the “Museum of Medieval Torture”. Thanks to this source, the paragraph on the types of death penalty was completely written. A few additions were taken from the book by N.V. Alexandrova and I.A. Ladynin “Ancient East” and the magazine “100 people who changed the course of history: Adolf Hitler,” which talks about the types of death penalty in Germany and several other European countries.

In my opinion, the sites www.washprofile.org/ru/node/2760 and www.allpravo.ru had the most valuable literary materials on positions on the death penalty. I consider their strong point to be a clear argumentation of positions both “for” and “against”. This was very important for writing the essay, since, initially having no idea about the arguments for and against, thanks to these sites, I was then able to independently compare the ideas of the opposing sides. Each of these sites provides a completely different rationale for the arguments, which allows you to consider the same position from different points of view. The second part of the essay was written mainly with the help of Internet sites, since many books presented old data that was not supplemented by modern ones, or unsubstantiated positions of the “Pro” and “Contra” parties.

Chapter 1. History and types of the death penalty.

1.1. Historical types of death penalty.

The death penalty is one of the oldest punishments known to mankind. According to the most widespread version in the legal literature, this punishment arose from the custom of blood feud, which was inherent in one way or another in ancient times to almost all peoples. With the emergence of private property, classes and the state, blood feud acquires a public legal character, transforms into criminal punishment and becomes a weapon in the hands of the ruling classes. For centuries, the rights to life, liberty and equality were the privilege of only a part of the population. Humanity has come a long way towards recognizing the universality and indisputability of the human right to life. The first step on this path was the ban on cannibalism. This was followed by a rejection of human sacrifice. However, a custom of bloody revenge appeared according to the principle of talion (the right to equal retribution): an eye for an eye, a tooth for a tooth, supposedly aimed at protecting human life.1

Along with this, for many centuries in all countries of the world the law provided for the death penalty for particularly serious crimes (such as murder of a person), since it was believed that the death penalty for murder is the most effective way to protect a person. Legislation literally became sophisticated in inventing the most painful or effective types of killing of criminals (it should be noted that not only murderers).2

To have at least some idea of ​​how states punished various types of criminals, it is worth considering some types of the death penalty.

One of the common punishments was guillotining (decapitation using a guillotine, a beheading machine introduced in France during the bourgeois revolution in 1792 at the suggestion of Dr. Guillotin). However, according to some other sources, this machine was not the invention of either Dr. Guillotin, who proposed to introduce it as an instrument of capital punishment, or his teacher, Dr. Louis; it is known that something similar was used before in Scotland, where it was called the “Scottish maiden.” It is also known that a similar machine, described by A. Dumas in the novel “The Count of Monte Cristo”, was used in Italy and was called “mandaia”, which is also similar to “maiden”, although the similarity is probably accidental. However, in France it was also called the "Virgin" or even the "Forest of Justice".1

Along with guillotine, the most common type of execution was the death sentence by hanging. In England, hanging for theft was abolished early in the reign of Queen Victoria, but the death penalty was still applied to those who committed murder unless the killer could prove his insanity. In the USA, blacks and Indians were often hanged, at least in the South, they were often executed by punitive forces who took revenge for the slaughter of the white population.2

In France, under the old regime, regicides were executed by quartering: a form of capital punishment in which the criminal's arms, legs and head were cut off. In Germany, quartering occurred for adultery.3

In Germany, a special capital punishment was provided for women who committed adultery, as well as for mothers who killed their child: drowning.4

And counterfeiters throughout Europe were boiled in boiling water or oil (until the 17th century).5

Also throughout Europe, the crucifix was relatively popular. This type of execution involved the crucifixion of the criminal, with his hands and feet nailed to the cross, and in this position he remained until death occurred.6

To exterminate witches and heretics, for example, in Germany, burning alive was used. In other countries, execution by burning was also used for counterfeiting and arson.1

It is worth remembering the Ancient world, where the most common type of execution was burial alive. Used by the Assyrian peoples in Ancient Egypt. In the event of the death of the pharaoh, not only his jewelry, clothes, and household items were left with him in the pyramids, but also his family was buried alive.2

In my opinion, the most brutal type of death penalty was throwing the criminal to be devoured by predators. This type of execution was widespread in its various forms throughout Europe. For example, in Medieval England, a criminal was placed in a prison cell in which there were many snakes, toads and leeches. In one case, the person died from shock, otherwise the snakes injected their poison into him, and after a while the criminal died, or the leeches sucked out all his blood. This type of execution did not give any chance of survival.3

Cutting into small pieces was used primarily in China. Under the old emperors they cut it into pieces, sometimes into 1000 pieces. In medieval China, more exotic and painful types of executions were also common, such as execution using bamboo, a rotten boat, a cauldron of lime, etc.

Studying the types of death penalty in Spain, you can often come across the phrase “Spanish garrote” - a hoop tightened with a screw - an instrument of barbaric torture, death penalty by strangulation, used in the Middle Ages in Spain and Portugal, which lasted until the second half of the 20th century: this type of garrote passed path from a simple rope noose to a metal hoop tightened around the victim’s neck.4

In Russia, for example, the most common type of execution was hanging by the rib (in the era of Peter I and Catherine II). The offender was always hung by the left rib on a “verb” type gallows. With this type of punishment, the person did not die immediately, but suffered for several days. In Russia, under Catherine II, the Empress ordered that the dissatisfied who participated in the Pugachev uprising be hanged by the rib, five people per gallows, and sent down the river to meet other rebels in order to frighten them.1 But hanging by the rib was used especially zealously in France against the Huguenots and rebels during the reign of Louis XIV.2

Particularly “popular” in Russia was impalement, which was widespread during the Ottoman Empire (it is unknown whether this was actually a Turkish execution or inherited from Byzantium), which passed to neighboring Orthodox peoples, including Russia. In the West, “impaling” took place through the anus, and the stake came out of the person’s mouth, resulting in instant death. In Rus', Peter I changed this type of punishment, and now they were impaled again through the anus, and the stake came out through the right shoulder.3 Naturally, this caused unbearable pain in the martyr, who sat on the stake like that for several days, and died in terrible agony.

It is also worth noting the so-called brazier. The culprit was tied to a grate, after which they began to roast him over a fire. A variation of this type of execution was the cage, widely used in the West, which was used in the fight against witches. They were heated in a cage or hung over a brazier. In Rus', the cage was used in the fight against unfaithful wives. The husband tied his unfaithful wife to the hut, the wife remained in this position for several days, after which he either gave her back to her parents or to a monastery.4

My attention was drawn to several other types of death penalty, used not only in Europe, but also in Russia, including the “thieves’ throne,” which was invented under Catherine II. Initially, only commoners were placed on the “thieves’ throne,” but after the Pugachev uprising, in which the nobility took part, the throne was somewhat modified: sharp teeth were installed on the seat and armrests.1 As a result of such a small reform, the executioner could do his job without touching the “noble” criminal .

I was also interested in the so-called rack - a wooden frame with a drum at one or both ends. The legs were attached to one drum, the arms to the other. The drum was rotated, as a result of which the joints were turned out, and then the bones were broken. In the end, the criminal either confessed to everything he could, or died from painful shock or numerous injuries.2

The most cruel, in my opinion, is also the “saw”. The criminal was hung upside down from two posts, with both legs and arms spread apart. Then the executioner used a saw to cut the man in half, because... all important organs were the last to be affected, the person experienced terrible torment.3

In the fight against child rapists in the Middle Ages, the “uterine cat” was used. The executioner inserted a kind of small stick with metal teeth into the criminal’s anus, then twisted it and pulled out the rectum for the public to see.4

The most terrifying is also the "lean jug", another form of capital punishment. The criminal was seated on a chair with a high pole behind it. A mask was put on his head, screwed to a pole, from the top of which water dripped into the same point on the crown of the culprit. Eventually, the person either went crazy or the water made a hole in the criminal's head.5

With the next type of death penalty, the criminal also experienced terrible torment. The “counterfeiter’s mask”, which was placed on the criminal’s head, was shaped in such a way that the criminal’s mouth was constantly open. The executioner melted gold coins and poured them through the mask into the throat of the counterfeiter.6

As we see, Ancient and Medieval states were largely sophisticated in inventing more and more new types of execution. In many ways, all this is a consequence of the cruel society of that time: at least take the Middle Ages as an example, when ordinary townspeople crowded into the main square in order to watch another criminal being hanged or to throw a stone at the culprit themselves. It is worth noting that hanging or stoning are not the most terrible forms of punishment. However, in the modern world, the death penalty has not yet been abolished in many countries. However, modern types of punishment are clearly different from medieval ones.

1.2. History of the death penalty in the 19th – 21st centuries. and their abolition by the UN.

The application or abolition of the death penalty is a question of how to treat the person who has committed a serious crime - as a person or as a being not of the human race. Public morality in many countries will not be able to come to terms with the fact that a criminal who has committed a crime of monstrous cruelty, such as murder, for example, remains alive. This is why many countries still use the death penalty in practice.1

So, in the modern world it is divided into qualified and unqualified.2 With a qualified death penalty, different types can be imposed for different crimes, with an unqualified one, the legislation provides for one type of death penalty for all crimes for which a death sentence can be imposed.

We should, of course, talk about the types of death penalty practiced in the modern world.

So, the most common type of death penalty since the beginning of the last century is execution. In France, throughout the 19th century and until the beginning of the 20th century, traitors to the homeland were shot. In Germany, this type of death penalty became especially widespread during the reign of Hitler.3 Also, execution was common in Latvia and Poland, where execution was used as an execution for political crimes. In the USSR, execution was the highest degree of punishment, it was approved for high treason, premeditated murder under aggravating circumstances, theft of state or public property on an especially large scale and some especially serious crimes - constantly; and for desertion, evasion of military service, refusal to carry out the orders of a superior, violence - in wartime.4 In China today, execution is widely used, to which brothel owners, dishonest officials, dissidents, etc. are subjected.1 Today, the latter country in Europe, where the death penalty is used, mainly by shooting, is Belarus.2

In the Middle East, there are means of execution that have been used since ancient times, such as stoning.3

A relatively recently introduced type of death penalty is capital injection. The injection that is given to a person acts immediately, without causing any pain. However, today this type of death penalty is not as widespread as the next one.

The electric chair is a method of capital punishment in which the criminal is placed on a chair that passes a strong electrical charge through the person's body. A person experiences virtually no pain, because... the current passes through the body instantly and consciousness turns off immediately. This type of death penalty was widespread in the United States in the last century.4 Until February 8, 2008, Nebraska was the only state where the only method of death penalty was the electric chair.5

Beheading was widespread in the last century in Germany and France. The last execution by beheading by guillotine was in Marseille on September 10, 1977. This was the last execution in all of Western Europe.6

The most famous means of mass destruction is the gas chamber. In the last century, the gas chamber was used in Germany, used mainly in concentration camps (this means not only camps for other nations, but also camps for Germans - opponents of the existing regime).7

The oldest among all modern types of death penalty is hanging. It was common in Poland in the last century, and in Japan today. Since execution was given for political crimes, hanging was approved for the rest. In the late 1940s - early 1950s in Hungary, Czechoslovakia, Bulgaria, etc. trials were carried out in cases of “enemies of the people”, which usually ended in executions by hanging or shooting. In Republican Turkey (that is, in Turkey today), before the abolition of the death penalty in 2002, there was only hanging, and this penalty ceased to apply immediately after the ban. In Southeast Asian countries, foreign citizens are hanged for drug possession.1

Today, the death penalty remains in only a few regions of the world. However, those states that have not yet abandoned the use of the death penalty in their practice limit themselves to the so-called “instant” execution of the criminal, i.e. execution without any torture. This is largely due to the UN, which in mid-December took a serious step in favor of the final abolition of the death penalty, calling for the introduction of a worldwide moratorium on this type of punishment and thus strengthening the protection of human rights and personal integrity.2 The UN has always supported the abolition of the death penalty execution or, at a minimum and as a temporary step, the establishment of restrictions on its use, including a moratorium. This principled position is also reflected in the practice of the UN.

Thus, by mid-2007. 89 countries have abolished the death penalty for all crimes. Another 10 countries retained it only for individual, especially serious crimes committed in wartime, excluding the possibility of imposing the death penalty for so-called ordinary crimes. In practice, 30 countries have abolished the death penalty, that is, they have not carried out death sentences for the last 10 years and are going to continue to maintain a moratorium, or have officially announced the introduction of a moratorium on the execution of death sentences.3

Thus, to date, there are 130 countries in the world that have abolished the death penalty in law or practice, and 68 countries that retain and continue to apply this measure. According to Amnesty International, in 2006. at least 1,591 people were executed in 25 countries and at least 3,861 people were sentenced to death in 55 countries.

In 1978, the death penalty was abolished in Spain.

In 1981 - in France.

Since 1990, about 40 countries and territories have completely abolished the death penalty, including Azerbaijan, Albania, Angola, Armenia, Bulgaria, Great Britain, Hungary, Hong Kong, Greece, Georgia, Ireland, Italy, Canada, Cyprus, Cote d'Ivoire, Lithuania , Mauritius, Malta, Mexico, Mozambique, Moldova, Nepal, Paraguay, Poland, Romania, Serbia, Slovakia, Slovenia, Turkmenistan, Ukraine, Croatia, Montenegro, Czech Republic, Switzerland, Estonia, South Africa.1

However, in countries that have not abolished the death penalty or allow the death penalty in special cases, the death penalty must always be preceded by a lengthy trial at various levels, and the defendant must be given opportunities to appeal. Execution must only be carried out by an authorized representative of the state, otherwise this action is considered murder and is punishable by law.2

In most modern states, the death penalty is carried out non-publicly, that is, only persons determined by law have the right to be present (for example, according to the Russian penal code - a prosecutor, a representative of the prison in which the execution is carried out, and a doctor).3

In some cases, the death penalty can be replaced by life imprisonment or a long term of imprisonment by court decision. A person sentenced to death by a court can also be pardoned by the highest official of the state or state (president, monarch, prime minister, governor, etc.).4

According to the above, I came to the conclusion that today society has become more liberal. In my opinion, the abolition of the death penalty in many countries means that the price of human life has begun to be valued, regardless of whether you are a criminal or a law-abiding citizen. This position can be disputed, whether one agrees with it or not, but the fact that society has stepped far beyond Medieval customs remains obvious. The striking contrast that is observed between Medieval types of execution and modern ones is proof of this: many countries impose the death sentence only on especially dangerous criminals, but, unlike previous executions, it is carried out quickly and practically painlessly for the person.

Chapter 2. Pro and Contra of the death penalty.

2.1. Contra the death penalty.

Today, most developed countries have abandoned the use of the death penalty in their system. However, there are still many countries that are not going to abolish it.

All this is explained by the numerous controversies surrounding this issue. There are many “pro” arguments for the death penalty, and many “contra” ones as well.

Opponents of the death penalty cite a huge number of arguments that in modern society it is necessary to abolish the use of the death penalty in practice. The most reasoned, justified and widespread of them should be considered.

Opponents of the death penalty argue that the death penalty is, first and foremost, a violation of the human right to life. The death penalty is, of course, a product of a barbaric society and, as a measure of punishment, violates fundamental human rights, which are enshrined in numerous international legal acts.1 The origin of the death penalty is associated with blood feud according to the principle of talion (the right to equal retribution) - a common custom among the ancients peoples, which was sanctioned by states.2 However, it is worth noting that this custom protected human life and successfully fulfilled the historical mission of ensuring the livelihoods of members of the clan. By the way, civilized states, unlike barbarian societies, moved away from the natural purpose of capital punishment - to protect human life - and used the death penalty for a variety of crimes. It would not be superfluous to recall that protecting human life by allowing the free sale of weapons for these purposes (for example, in the USA) produces significantly more victims than all wars.3 Not a single person can or should be deprived of the right to life: the criminal has the same right to live as any other law-abiding citizen. Opponents of the death penalty argue that an alternative to the death penalty is life imprisonment.1 The abolition of the death penalty is largely connected with the solution to the issue of replacing it with life imprisonment, since the prevention of this punishment is almost as high as that of capital punishment, and almost completely excludes the commission of a second one. crimes of especially dangerous criminals. However, the question of whether the death penalty or life imprisonment is better cannot be answered in the affirmative in either case. It depends entirely on the personality of the defendant. In domestic judicial practice, there have been cases when criminals sentenced to long terms of imprisonment applied to have their sentence commuted to capital punishment. The reasons for such an appeal to justice are not only the unsatisfactory conditions of detention of prisoners sentenced to life imprisonment (we do not have them), but, above all, the loss of freedom for life. Also, according to their position, a criminal sentenced to death for any serious and intentional crime himself wants the death sentence applied to him, and life imprisonment is the highest degree of punishment for him. Thus, the desires of the criminal should not be satisfied, especially since society in any case will not allow the criminal to lead an ordinary life in freedom. Thus, opponents of the death penalty clearly say that in such a case, life imprisonment is necessary for the criminal. But the death penalty in many countries is given not only for serious intentional crimes, but also for many other types of crimes. In this case, opponents of the death penalty argue that the state does not have the right to take a person’s life. Another argument is the position that if the state has the right to deprive its citizens of life, then any criminal thinks the same way.

The death penalty has no preventive effect - another contra position. However, different researchers give completely opposite results regarding the effect of the death penalty on the number of murders. American scientists admitted that the death penalty is still a deterrent, but just a couple of years after this statement, a special state commission organized in New Jersey declared that the use of the death penalty does not curb the number of murders.1 Such different statistics did not make it possible to establish precisely whether the death penalty curbs the number of crimes or not. Numerous controversies have arisen around this issue. According to another study, it was found that in countries where the death penalty has been abolished and replaced with long terms of imprisonment up to life, the number of murders per 100 thousand population is lower than in countries where it is provided for these crimes.2 Thus, multiple studies proved either the absence of any relationship between the level of crime and the presence of the death penalty in the criminal punishment system, or exactly the opposite results of the studies. By and large, the presence or absence of the death penalty in state legislation is only one of the signs of the well-being of social relations. The use of the death penalty for the sake of “purifying” society is unlikely to lead to the complete elimination of crime. It is also worth noting that where the death penalty is provided for many crimes not related to the protection of human life, the prevention of capital punishment not only weakens, but also provokes the commission of dangerous crimes.3 For example, Professor I. Ya. Foinitsky noted that “at the time when the guillotine was most active in France, this tool in the form of a toy was in every family; children guillotined birds, dogs, cats, etc. for fun.”4 Opponents of the death penalty, cited by I. Ya. Foinitsky, use it as an argument about the harmfulness and ineffectiveness of the death penalty at the present stage. The death penalty is the highest form of punishment in defense of human life and a crime control factor. And if the death penalty does not fulfill this function, then it must be abolished.

Another argument of opponents of the death penalty is the fact that the death penalty does not punish the criminal, but only satisfies the thirst for revenge of society. This statement is closely related to the first argument that society in some cases demands the release of a prisoner to take revenge on the relatives of the victims or the victims themselves against the criminal. At least from this we can already draw conclusions that society, in any case, seeks revenge either through the death penalty or through punishing the criminal with his own hands (his complete oppression, destruction as a person, etc.). For example, a supporter of the death penalty, I. I. Karpets, writes that “natural selection leaves useful individuals in nature” or “when society applies any punishment to criminals, and the death penalty in particular, it also, as it were, corrects itself and thereby is cleared.”1 The proportionality of crime and punishment is fundamentally based on the ancient principle of talion - an eye for an eye, a tooth for a tooth. Since then, society has become more civilized. And the only punishment (in many states) that is akin to a talion in terms of the way it inflicts damage on a criminal is the death penalty.

Opponents of the death penalty also point out that judicial errors inevitably lead to the execution of innocent people. The death penalty does not give the right to a miscarriage of justice, the commission of which could lead to the deprivation of the lives of innocent people and which, due to the irreversibility of this punishment, cannot be corrected. Indeed, judicial practice, both international and domestic, is replete with irreparable judicial errors, as a result of which innocent persons were sentenced to death. At the present stage, it seems to us, the necessary prerequisites have been created to eliminate possible judicial errors in relation to persons sentenced to death. Firstly, the circle of persons who can be sentenced to capital punishment for committing especially dangerous crimes has been narrowed. In particular, minors, the elderly, and women suffering from mental disorders are excluded. Secondly, the death penalty can be imposed no lower than by the republican, regional, regional and higher courts, which should affect the quality of the trial. Thirdly, a sentence of capital punishment can be carried out only after a thorough review in various instances: in cassation and in the order of supervision by the Supreme Court, the Pardon Commission under the President, and only after the rejection of the complaint of the convicted person and his petition for clemency by the President . Fourthly, for example, according to Art. 36 of the Law of the Russian Federation “On the State of Emergency” of March 17, 1991, death sentences passed during a state of emergency can be executed no earlier than 30 days after the end of the state of emergency. But even here, opponents of the death penalty argue that all these factors do not deter miscarriages of justice.

Also from the point of view of psychological data, murders are most often committed in a state of excitement, when extreme emotions take precedence over reason. Murder can also be committed under the influence of alcohol or drugs, or in a state of panic, for example when the offender is caught in the act of committing a theft. Some of those who commit violent crimes are extremely unstable or mentally ill.1 In none of these cases does fear of the death penalty act as a deterrent.

So, from all of the above arguments, opponents of the death penalty clearly conclude that the death penalty is a relic of the past. For modern society, it should remain a thing of the past, and at the current stage, society should be guided not by the ideas of ancient peoples, but by the tasks of protecting not only itself, but also society, the citizens of its country, and also trying to prevent or stop the use of the death penalty in other states.

2.2. Pro death penalty.

However, from the point of view of civilized protection of society from crime, the issue of the effectiveness of the death penalty is actively discussed.

Supporters of the death penalty talk about its deterrent role from committing crimes. We have already noted that the preventive property of the death penalty, as another punishment, is its objective property, although researchers do not have a common point of view on this issue. For example, Z. M. Chernilovsky believes that the death penalty is not effective as a deterrent and is harmful. I. I. Karpets adheres to a different point of view, according to which “the death penalty does not have a direct impact on the state of crime, but it serves as a means of protecting society from serious crimes.” On this basis, I. I. Karpets acts as a consistent supporter of the use of the death penalty for the most dangerous types of crimes.1 According to his thoughts, a direct “link” of the need for punishment and the state of general crime is a deep mistake. It should be understood that punishment is not the main, but an auxiliary means of fighting crime, which fulfills its role in the system of measures to combat crime as much as it can. It, of course, plays a preventive role, but, as K. Marx said, it is also a way of protecting society from crime.2 The death penalty, among other punishments, plays this role. And one cannot demand more from criminal punishment (the death penalty). It is impossible to directly link the presence of any punishment, including the death penalty, with the state of crime. Assume that the introduction of the death penalty throughout the country for actual intentional crimes will lead to a reduction in crime

In today's society, death penalty statistics determine the level of economic and social development of the state. The higher the standard of living, the more respect for a person’s personality, the fewer articles of law that provide for the death penalty.

Arguments on the topic

Death penalty in Belarus

Death penalty statistics in Belarus indicate the articles for which such a sentence is imposed. This includes murder, crimes against the state, and terrorist activities. Between 2004 and 2006, 16 people were sentenced to death in Belarus.

Death penalty in the USA

The history of the United States largely determines the prevalence of capital punishment in its states. Once upon a time, adventurers and criminals hiding from the law, as well as pioneers and workers trying to find work in the new world, came to the island of freedom from all over the world. All these people, risking their lives every day, bore little resemblance to decent citizens of the new state. It was possible to force them to comply with the laws only on pain of death.

Death penalty statistics in the United States date back to 1612. Then the state of Virginia passed a number of laws that included capital punishment. In 1630, the sentence was first executed (Massachusetts). In 1665, New York passed laws that meant death if violated. Death penalty statistics in the United States by year are presented in the chart below.

If you look at the figure, you can see an increase in the number of executions from 1976 to 1999. and a gradual decline by 2010. Later, no significant changes occurred.

History of the death penalty in Russia

Statistics on the death penalty in Russia originate from ancient Rus', when Prince Vladimir introduced Christianity (988). Until this time, such a thing as the death penalty did not exist in Rus', and issues of punishing criminals were resolved through blood feud.

The new religion tried to establish itself and demanded an update of laws, since it was impossible to instill in the Slavs tribal customs that were based on the law of the rightness of the strongest. On the advice of the church fathers, Prince Vladimir determined that robbery would be punishable by deprivation of life. Since the introduction of Christianity, statistics on the death penalty in Russia are as follows:

• 1397 - the first code of law in which the use of execution was mentioned;
• the reign of Alexei Mikhailovich the Quiet (father of Peter 1) - the published laws contained 54 points for which capital punishment was imposed;
• the charter for the military of Peter 1 contained 200 points leading to this punishment;
• Elizabeth's reign - physical destruction was replaced by torture and mutilation, and lashing was also widely used;
• Catherine the Second refused to execute for general offenses; death was only allowed;
• Emperor Paul refused execution in those provinces that historically had the right to decide judicial issues themselves;
• Alexander 1 abolished executions in the annexed territories (for example, Georgia).
• 1826 saw the abolition of executions in Finland, and in 1845 punishment for some state crimes returned.

With seemingly humanistic tendencies in line with the abolition of executions, there was “lashing,” which often led to death. In 1917, execution was abolished, and in 1918 capital punishment was reintroduced. During Soviet times, the statistics looked like this:

• the criminal code of 1922 contained 6% of articles with the death penalty;
• in the years 1920–1940, the execution was modified, and many vague formulations appeared. The functions of sentencing/execution of sentences were partially removed from state powers. In 1926, the number of articles for which capital punishment was imposed was reduced;
• 1961 a decree was issued that expanded crimes leading to capital punishment
• 1996, the President blocked the possibility of carrying out the punishment;
• 1997 final abolition of executions (moratorium);
• 1999 The last prisoner sentenced to death was pardoned.

Death penalty in the world

As statistics on the death penalty in the world show, all countries can be divided into 4 categories:

In 2016, there was a general downward trend in the number of executions carried out. Death penalty statistics indicate a decrease in the number of executions being carried out in the world and the abandonment of this punishment. The photo shows the decreasing trend in the number of executions committed by country over the past year.

The death penalty is the legal taking of a person's life as punishment (usually for a serious criminal offense).

According to a UN report published in November 2007, 146 states around the world have abandoned “legalized killing.” At the same time, executions continue in 51 countries, and are often public. In 2006, at least 5,628 people were executed worldwide.

Despite the fact that the number of states in which the death penalty is allowed is significantly less than half of the total number of countries in the world, only 30% of the world's population lives in those countries in which there is no threat of the death penalty.

The largest number - 90% of all death penalties - occur in countries such as Iran, Iraq, China, Pakistan, the USA and Sudan. In the People's Republic of China, the average annual execution rate is estimated to be over 1,000 (no official statistics available). In second place is Iran, where this figure ranges from 100 to 150. In third place is Saudi Arabia - from 80 to 100 executed. The next position is occupied by the United States. An average of 60 people are executed there per year. In Europe, the only state that applies the death penalty is Belarus.

In total, there are approximately 20 thousand prisoners in the world awaiting execution of a death sentence.
Human rights organizations note that it is of particular concern that the death penalty is increasingly being used to punish non-violent crimes, such as homosexuality in Saudi Arabia, drug trafficking in South-East Africa, adultery in Nigeria and Sudan, and corruption in China.

On November 15, 2007, the UN adopted a resolution calling on nations to establish a moratorium on the death penalty. The proposal to introduce a moratorium was supported by 99 states, 52 states voted against, and 33 countries abstained. The General Assembly resolution is non-binding but is a political signal to world leaders.

There are quite a lot of modern or inherited methods of execution in the world.

One of the methods of execution often used in human history is execution. A person sentenced to death is placed against a wall or tied to a pole. He is often blindfolded, although this is often neglected. As a rule, the execution is carried out by several people, and so that they do not find out which of them carried out the sentence, the weapons of some of them are secretly loaded with blank bullets, and the suicide bomber is put on special clothing, which makes it difficult for the shooters to determine the results of their shot. Shooting as a method of execution is used in China, Somalia, Taiwan, Belarus, Uzbekistan, Vietnam and a number of other countries. In the United States, execution by firing squad remains an alternative method of execution in some states.

Hanging- a type of mechanical asphyxia that occurs when the neck is compressed by a noose tightened under the weight of the deceased’s body. Death occurs 4-5 minutes after compression of the neck from paralysis of the respiratory center; cardiac activity continues for some time after breathing stops. The list of countries that resort to hanging execution includes countries such as Egypt and Iran. Jordan, Pakistan, Singapore, Iraq and others, including highly developed Japan.

One of the currently existing methods of execution is decapitation. In this case, biological death occurs quickly. This type of punishment is used in Saudi Arabia and Iraq. In France, until 1977, decapitation by guillotine, introduced in 1792, was used. The last execution by beheading by guillotine took place in Marseille on September 10, 1977. This was the last execution not only in France, but throughout Western Europe.

Electric chair was invented in the USA in the 19th century, and the first modern model appeared in the 1960s. Electricity is supplied in at least two streams. The first is 2000 volts, then less to avoid burns. Death occurs from stopping the muscles of the heart and other organs. In recent decades, the electric chair has been actively replaced by other forms of execution (for example, lethal injection) and is now used quite rarely.

Method of injecting a special poison with a needle ( lethal injection) became widespread in the 1980s. Injection is considered a more humane method of killing than hanging, gas chamber, electrocution or gunshot. Typically, a person condemned to death is injected with three drugs: the first is an anesthetic, the second paralyzes the muscles, and the third causes cardiac arrest. There is a special machine for administering drugs, but most states prefer to administer solutions manually, believing this to be more reliable. In the United States, this type of execution is used in 37 of the 38 states that allow the death penalty. Lethal injection is also used as a method of execution in the Philippines.

Gas chamber, as a method of execution, is currently used only in the United States. It is a small room, covered in the upper part with glass, so that it is possible to observe the execution of punishment. A person sentenced to death is tied to a chair in a cell and gas is released through special pipes. With the release of gas, a person loses consciousness, and after 9 minutes biological death occurs. Currently, this method is allowed in the states of Arizona, Missouri and California.

In the East and Asia, means of execution that have been used since ancient times, such as stoning, are still used. In modern times, this form of punishment has been used in Iran and Afghanistan, and is also common in Sudan and parts of Nigeria. To pass such a sentence, a group of people gathers, who then stone the victim to death. In Iran, Iraq and Afghanistan, the death penalty is quite common, and in the 20th century, many leaders of these states ended their lives on the gallows, including Najibullah (hanged by the Taliban in 1996) and Saddam Hussein (hanged on December 30, 2006).

Death penalty in Russia

The concept of “death penalty” first appears in Rus' in 1398 in the Dvina charter. During the time of John IV, this punishment was used without restrictions: according to some sources, about 4 thousand people were executed.

Not beloved by the people, Boris Godunov, upon ascending the throne, vowed to observe a five-year moratorium on the imposition and execution of death sentences, and he kept his oath. But after the expiration of the agreed period, he returned to this method of punishment, bequeathing the same to his son.

Peter I made the death penalty a punishment for 123 crimes.

The emperor's daughter, Elizabeth, was the first in Europe to try to cancel the execution.

Catherine II, although she resorted to this measure, believed that the punishment of a criminal should not lead to intimidation, but “to correction and a return to the true path.”

In 1835, the death penalty appeared de jure for the first time in the Code of Laws: it was imposed for state and military crimes and as a “quarantine measure.” In total, about 300 people were executed in 1805-1905 (capital punishment has not been used even once since 1891).

The revolutions changed everything: in 1905-1906, about 4 thousand people were shot. But the first Duma again abolished the death penalty in 1917. The Bolsheviks declared the same thing when they came to power. But soon the “Red Terror” began: hostages were shot simply on class grounds.

On May 26, 1947, Stalin abolished the death penalty, but the Gulag and the NKVD remained. In the early 1950s, the death penalty was restored by Stalin.

In the USSR, capital punishment (namely execution) was applied for state crimes (treason, espionage), premeditated murder under aggravating circumstances, theft of state or public property on an especially large scale and some especially serious crimes - constantly; and for desertion, evasion of military service, refusal to carry out the order of a superior, violence - in wartime.

Since 1962, the death penalty has also been applied for economic crimes, for example, “currency fraud.” From 1962 to 1990, 24 thousand people were shot.

In the new Russia, the use of the death penalty was sharply reduced: from 1991 to 1996, 163 sentences were executed. On May 16, 1996, Russian President Boris Yeltsin issued a decree “On the gradual reduction of the use of the death penalty in connection with Russia’s entry into the Council of Europe.” Since August 1996, in accordance with this decree, death sentences have not been carried out.