Jurij Feofanov, Izvestija

Izvestija, May 15, 1996, page 2

President of Russian Federation has issued a decree providing a number of measures on gradual reducing the application of death penalty in connection with entering of Russia into Council of Europe, - just so it was reported by ITAR-TASS. The formula raises some questions and the most important one is: why only because of Council of Europe? Even without it the depriving of life is provided by almost two dozens of articles in the Criminal Code. Even without Council of Europe they should be reduced. The last among many others draft of the new Criminal Code makes such reducing: leaves 8 articles with capital punishment. But it is no matter of reducing itself and even less in reducing for good report.

To result the look of our legislation in a civilized form - it is not a demand of Council of Europe but of Russian Constitution, its art. 20. It is stated there, that death penalty before its full ABOLITION could be established by law only for the most heavy crimes AGAINST LIFE. It is a criterion of the exclusivity of punishment. Death penalty is provided in a series of articles, apart of deliberative assassination: gangsterism, terrorism, some war crimes, treason to Homeland. If one follows the spirit and the letter of the Constitution, the capital punishment should be admissible only in case of deliberative assassination with overburdening circumstances. In the decree there is a recommendation given to legislators: to make respective changes in the Criminal Code. It is fully obviously, that exactly this action should be the first stage of the process.

And for what concerns Council of Europe which did push to the passing the decree - we show gratitude to it.