Посмертное осуждение в уголовном праве России: правовые и этические проблемы

Abstract

The article examines the possible introduction into the criminal legislation of the Russian Federation of a legal institution providing for the conviction of a person without imposing a punishment posthumously. Based on the analysis conducted, a conclusion is made about the inappropriateness of the said institution in the current legal framework of the country due to its inconsistency with the principles of criminal law, namely: the principle of guilt, which does not allow for the determination of the guilt of the deceased while observing all the guarantees provided for by criminal law; the principle of individualization of punishment, which provides for the application of punishment to a specific person, which is impossible after death; the principle of humanism, since criminal law should not be punitive in nature. Taking into account the above, a conclusion is drawn about the risks of politicization of law, violation of the rights of victims of crimes, including the opportunity provided to them by the legislator to receive compensation for material and moral damages within the framework of a civil claim filed in a criminal case. At the same time, it is stated that it is impossible to issue court decisions granting the right to demand compensation for damages from relatives of persons found guilty posthumously.