For England, the late 17-18 centuries, and a little later than the United Kingdom, the humanism of the criminal executive system is peculiar to those times. No, they hung there more than conscientiously, the criminal ponarel, aspiring for the best stake in the city, quickly went to the gallows - up to 1000-1500 people per year. This is a lot, although absolutely does not pull on the record - not to be confused with the 19th century, when against the background of many countries of the continent, which limited the use of the death penalty, the United Kingdom seemed just a testing grounds. That's just in the 18th century, the gallows were not considered such a terrible punishment - rather an exception from the world of living for the public good.
Before the middle, and in places and until the end of the 18th century on the squares of continental Europe, the bones under the scratching of the executioner were still might and main, the burned albela burning alive. It is clear that the intensity was not the one that in the 16th century and obvious wildness gradually retreated. Nevertheless, the wheelchairs remained in France at least until 1785, although it was no longer encouraged at the "federal" level, and even somewhere the king forbade torture. And nothing can be done - ORDONNANCE CRIMINELLE DITE DE 1670 Nobody canceled, although even with the reign of the king of the Sun, local parliaments tried not to follow a literally completely bloodthirsty act.
On the island by the 18th century, a qualified execution has practically disappeared. If in Brussels serial killer Waiting for fascinating physical exercises In front of the public, in England he would have hung it, like an ordinary thief. In the terrible case, such details would be added as a penalty near the crime scene and the posthumous hanging in chains at the big road. The court is not so much kararal Mudak, as he saved survivors from recurrences. For Europe, with the Byzantine times, suspended in pain as Alfa and Omega of the investigation, the court and punishment - it was practically revelation.
To say that all the British launched tears of death in the awareness of their humanity, it is unlikely possible. Many lawyers with envy looked at the continent, where the criminal was punished. Disputes of need painful execution For those perpetrators in particularly serious, there were akin to modern disputes about the need for the death penalty as such. I'm interested in sending to a rather curious book of 1701 Hanging Not Punishment ENOUGH FOR MURDERERS, HIGHWAY-MAN AND HORSE-BREAKERS - This is a detailed petition for both parliament's chambers to introduce finally worthy punishment, and not this is your hanging. Say, in the next kingdom of the robbers execute without a hint at mercy and there you can shake the wallet in the middle of the night, and we have horror and death on the roads. We know that it was a pure lie, but who would have decided on tour in Normandy night roads?
Be that as it may, excessive suffering in the name of the law gradually left the country. By the way, the same author was outraged that, unlike normal countries, the island did not brand a person refer to Barbados, while maintaining the opportunity to return to ordinary life.
In the gallant age, it looked like this - pay attention to the elegant executioner
Today, it is accepted almost children to frighten the execution through Hanging Drawning and Quartering (describe all this laziness, who does not know - google - is very well painted), but this is an extraordinary punishment for state criminals by the end of the 17th century remained in symbolic form. Taking out the insides and quarters in some cases was used, but was already carried out with a dead body. Another thing is that it looks like it looked badly - the groin procedure remained at the end of the century. Let's say the execution of David Tairi in Portsmouth in 1782 - for espionage in favor of France was held with all the details. According to eyewitnesses, the spectacle was disgusting, although it was committed on the corpse.
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Hanging, Drawning and Quartering - Stage of Cutting, 90s 17 V.
And in places in places - you ask ?? Were! Let's say, when suppressing the last Jacobitsky rebellion in 1745 - 91 people were sentenced to HDQ, in some cases the execution was carried out albeit not by the letter of the law, but in rather cruel form. As in the case of Colonel Francis Townli, the guts were not released alive, but after 6 minutes of hanging dubbed his chest stick and cut the throat instead of decapitation. Perhaps a special dislike of Townli deserved by what was, unlike the mountain rigs, a traitor without any reservations - commanded the English Manchester Jacobitian regiment. In general, the Duke of Kumberland received a nickname of the butcher quite deservedly, although, on the other hand, the sentences endured a very legitimate special commission. Nevertheless, such things happened according to the results of a counter-terrorist operation, and did not fit into the context of everyday law enforcement practice. Some analogy is the practice of hanging in the USSR - this kind of execution was applied towards Nazi minions for the crimes of a special kind in Soviet citizens - and never was applied in other cases, even for the most serious criminal offenses.
Be that as it may, in the 18th century, England joined without screams and groans, executed on the squares. By the middle of the century, the owners of London could read the same feelings that we are about the desires of red khmers thousands of kilometers away from us - and skip after that in the mug of Ale for good (here even without irony) King George II.
Special cases: death penalty, violent death and suicide
Criminals, madmen and suicides even after death were subject to universal contempt. The bodies did not go to the ground where they buried decent people, and their souls, by virtue of the curses lying on them, did not find peace.
The death penalty in the XIX century was used quite often. She was hanging, although English legislation also provided such measures as a clipping of the head, quarters, burning on a fire or cooking in boiling water. Fortunately, these medieval remnants were no longer applied in practice, although the legislative quarters and the cutlets were abolished only in 1870.
According to the current laws, hanging occurred publicly, although since the beginning of the XIX century, individual requirements began to be opened to make a closed procedure (these requests were delivered only in 1868). Until 1808, the death penalty could even be subjected to the pocket theft if the sum of the stolen exceeded 5 shillings. At the same time, many judges opposed such severe punishment, and the laws began to be gradually softened. In 1823, the Parliament adopted the act, which allowed the death penalty to replace the death penalty to softer punishments - such as imprisonment, cortex or expulsion in the colony. For women and juvenile criminals, spanking was actively used. In 1861, the death penalty was left only for crimes such as murder, piracy, arson of royal shipyards and arsenals, as well as state treason. A serious problem throughout the century remained the execution of children. Theoretically, this punishment could be applied to any citizen since 7-8 years. Only in 1908 the legislators raised the death penalty to 16 years. Another "humanistic" reform occurred in 1866 at the insistence of the Irish physician Samuel Hoton, who published an essay called "On the hanging considered from mechanical and physiological points of view." The problem was that hanging was carried out by suffocating the criminal in the loop. At the same time, death fell for a long time and painfully, and there were cases when the sentenced did not die and after half an hour after the beginning of the execution. After the essay is published, the hanging procedure has changed. The sentenced began to reset from high scaffold through a special hatch. The rope under the severity of the body broke the spine, and death fell instantly.
Up until 1783, the gallows in London was located at the crossroads of the modern streets of Ejver Road and Oxford Street, where the marble arch is located now. In the XII century, this territory was occupied by TIBERI Fields, crouched knitters, which Londoners found successful use - began to hang off criminals on them. But with the growth of urbanization candidates for hanging became more and less, and the trees are smaller, so that Tibeme was built the gallows. The first mention of Triple Taibrian Holecan refers to the end of the XVI century. From time to time she was reinforced, but in 1759 they decided to replace the permanent gallows mobile. Until the last hanging in November 1783, the gallows were collected before each penalty. The convicts waited for executions in prison, often in Newgate, from where they were brought to the "Tribern tree" on the appointed day. Their route gave rise to the saying "Go to West", i.e. to be executed. There were a lot of other idioms associated with hanging. Here are some of them: an painful necklace, hemp collar, hemp tie - loop. Picture frame of the sheriff, a three-legged mare, a triple tree - gallows. Climb the bed on the stairs - to climb on the scaffold. Relax in the horse cap, die from cannabis fever - to be hanged. Dance to Newgate Volynka, dance Tibirsk Jig, dance to the ball at the sheriff and show the guests to take a language in the loop. With dry language and wet pants - a description of hanging. Hanging apples - hanged. TIBERSK FLOWER - a small thief, which sooner or later "will donate" to the loop. Conducting widow - a woman whose husband was hanged.
After hanging, the body of the criminal was left to hang out in the loop about an hour for conspicuous by the intimiders. A real phantasmagoria began, because women had enough corpus for their hands and rub their cheeks about them - it was believed that it treats acne and warts. Babies suffered from skin diseases to the body to "death sweat" healed their ulcers. Sicks from the gallows were heard good to a tool From dental pain, and hemp removing brought good luck. Slices of rope traded the executioner, and the more famous was the criminal, the more expensive it was appreciated. From the dried hand, the hanged could be made by the "hand of glory". The hand should be cut off until the body was hanging in the loop. Then out of the hand squeezed all the blood, pickled her hand in a mixture of salt, pepper and nitrate, dried in the sun, and between the fingers inserted a candle made from hanged, wax and sesame oil. It was believed that if the robber heads this candle, any door will open in front of it. Moreover, the inhabitants of the house will take a deep sleep while the thief will take them good.
The executed criminals were not buried in consecrated land, i.e. within the cemetery. Suicides who committed a heavy sin consciously equated to criminals or madmen. The unsuccessful attempts of Suicide entered into crazy at home, and those who managed to impose their hands, expected posthumous misadventures. Barquarse turned with their bodies to not only cause as much inconvenience to the spirit of the dead as possible, but also to inspire fear alive and lean them away from such a venture. Until 1823, the "bad" dead people were buried on the side of the road or near the crossroads of roads. The tombstone was not erected, so that no suspects of passersby were told over the remains daily - let the sinner and after death there will be no peace! Up until the 20th century, the "bad" dead mans put into the coffin face down the calculation that if the dead would want to dig up to continue the evils, they will be buried in the ground deeper and deeper. The funeral was spent at night, the dead did not disengage, but in some cases the bodies even picked up a stake. This awesome custom gave food to local legends, in particular, that one or another neither the branches launched and turned into a tree.
Unlike the similar Romanian rites in England, the custom of picked up the body with a coxy is not related to the prevention of vampirism, especially since the vampire (1819) of John Polidori is not interested in the events of the British. It seems much more convincing is the version that interest should have prevented the resurrection of the body during a terrible court. In Scotland, the bodies of suicides were carried out not through the door, but through the raised straw roof. Such measures had to prevent the deceit visit. Even if his spirit picks up to the house, he still will not remember how to penetrate inside.
In 1823, a special parliamentary act commanded all comments to allocate for the funeral of criminals, madmen and suicide plot of untrined land. Forbidden roadside funerals, as well as the use of Cola. The suicides from now on was allowed to bury in the cemetery, but in the most unsightly northern part. Despite these crossings, the Act of 1823 retained both the ban on the funeral and the time of the funeral, specifying that the funeral should be carried out between nine evenings and midnight. For those who committed themselves in the attack of madness, made a relaxation: prayers were read above them, but still buried in the northern part of the cemetery.
Another "exclusive" type of death was an accident. As it is neither paradoxical, in many coastal areas believed that the sinking person is better not to save. Let them go to the bottom. Such worried was explained as follows: the sea had already chosen his sacrifice, and if you take it away, the next time the sea would take you yourself. In addition, it was the opinion that a person saved from the water will become a sworn enemy to his Savior or that the Savior will be obliged to keep him and bury at his own expense. Being someone, people did not want to be a debtor, so they allowed the Lord to dispose of the life of the sinking.
This is the case, if a person has already drowned, - it is important to look closely. In Wales believed that men's bodies float face down, female - face up. Well, even though not against the current, like some grumpy wives in Russian fairy tales! To discover the body of a drowned man, which did not pop up for a long time, they allowed a loaf, weighted mercury on the water. Where bread stops, you need to look for the body. Sometimes for this purpose they walled from guns or loudly beat in the drums. Due to loud sounds gall-bubble The droplet should have broken, as a result of which the body could float to the surface. Buried the drowns in accordance with the status of death: if it was an accident, then with good people; If a person drowned, then as a suicide.
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The death penalty as a type of punishment is provided for in the legislation of England and the United States. In France and Germany, the death penalty is canceled. In France - special law of October 9, 1981, in Germany by the Constitution of 1949
3.1. In England, the death penalty can be appointed for the commission of three crimes: a) for treason to sovereign or state; b) for piracy with violence (according to the law on piracy 1837) and c) for the arson of royal (state) ships, ports, warehouses (according to the law on the protection of ports of 1772).
The death penalty cannot be applied to persons under the age of 18 and to pregnant women.
Up to relatively recently, in England there was a death penalty for killing. But since 1970, the death penalty for killing in England was canceled forever. Currently, the death penalty in England has not been appointed at all for many years.
3.2. In the US, federal legislation and state legislation relate to this type of sentence. The federation and the overwhelming majority of states recognize it, albeit at various limits, while in some states, as well as in Puerto Rico and in the Virginian Islands, it is proclaimed completely. Attempts to complete cancellation of the death penalty were taken in other states, but they were unsuccessful.
Along with the murder, the death penalty is punishable (according to the laws of different states) state treason, the abduction of people in order to obtain a repurchase, rape with aggravating circumstances, sexual intercourse with minors, abuse of a grave, a conclusion of a woman for marriage and some others. In total, American lawyers numbered up to 70 crimes, for which the death penalty can be appointed.
Laws providing for the death penalty allow for a life imprisonment or imprisonment for a long time instead of lifelong imprisonment. However, in some cases, legislation establishes that the death penalty is a mandatory and only measure of punishment. In such cases, there are cases of condemnation for state treason (in 12 states), obviously false denunciations or false testimony, as a result of which the innocent subjected to the death penalty (5 states), accomplishing actions that caused the train and death of people (in 3 states).
In most states there is a delay in the death penalty for pregnant women. In the study of the Special Commission, it turned out, however, that the execution of the death penalty against pregnant women is not prohibited in the 10 states, but practices for the execution of the death penalty against pregnant women are unknown.
Suites from Africa (black) make up about 12% of the country's population, however, among those sentenced to death, they constitute about 41%.
Imprisonment and fine
In all countries under consideration, imprisonment is the main type of punishment, which pursues various purposes (reward, correction, resocialization). Currently, in most of the named countries (with the exception of France) there is a single type of imprisonment - imprisonment in its various modifications.
The specific institution of criminal law of the countries under consideration is the Institute for Reducing Freedom Defining. In the US, it is carried out by the prison authorities and the basis for this is the "good behavior" of the convicted.
The possibility of reducing the term is also provided in France. Criterion again serves the "good behavior" of the convict. The decision on such a reduction is adopted by the judge to execute punishments, taking into account the opinion of the Commission on the execution of sentences.
In England, there is only one kind of imprisonment - imprisonment. Maximum period - 25 years. In addition, there is a lifelong conclusion. Here, the imprisonment is considered as one of the universal species of punishment, since it allegedly ensures the implementation of all three points of punishment: retribution, intimidation and corrections.
In the United States, imprisonment is one of the most common points for the legislation and practice of its use of punishment.
By general ruleNor federal laws nor state laws establish common maximum deprivation periods. Almost in most states and federal laws allowed the possibility of life imprisonment. It can be appointed: 1) who was or could be sentenced to death; 2) as an independent measure for the most dangerous crimes; 3) for the aggregate sentences and crimes; 4) A face having 2 or 3 criminal records for Pelonia. At the same time, life imprisonment is often the only and mandatory measure.
For the existing US legislation are not rare and sanctions in 30, 40, 50 years of imprisonment.
In France, there are several types of imprisonment, which differ in both the place of departure and the content mode. The deprivation of liberty appointed for the commission is traditionally divided into two types: a criminal conclusion for completion of a common crime and criminal conclusion for committing a political crime. For the commission, another type of imprisonment is appointed. correctional imprisonment, distinguished from the above types of imprisonment as a formal name and content mode.
Of particular interest are such new forms of imprisonment as mode polusbody. and the execution of imprisonment in parts. Thus, when appointing a correctional imprisonment for up to one year inclusive, if it is necessary for the implementation of the convicted of professional activities, receiving them education, medical examination, participation in the family of the family, for the purpose of resocialization, the court can make a sentence in semi-reference mode, that is, a convicted person can leave Penitentiary institution during the execution of their duties, medical examination or treatment, education, etc.
According to the operating authority of the Federal Republic of Germany, the punishment in the form of imprisonment may be life or for a certain time. The lowest limit of punishment for a certain period is one month, and the upper - fifteen years. At the same time, the general punishment in the form of imprisonment, appointed for a certain period in a totality of acts, can also not exceed fifteen years.
Life imprisonment may be appointed for the commission of a number of crimes envisaged in the special part of the Criminal Code. Currently, such rules 14: Preparation of aggressive war, state treason of federation, treason, robbery, resulting in the death of the victim, especially heavy arson, creating an explosive situation when using nuclear energy, ionizing radiation, flooding, robbeewing attack On the car driver, an attack on air or river transport, hasty poisoning, genocide, heavy murder. Moreover, the punishment in the form of life imprisonment over the past three criminal acts is non-alternative.
Monetary fine as a type of punishment in England Appointed not only for insignificant crimes, but also for acts that previously belonged to the Felonias (when there was a division of crimes on Pelonia and Mindimminors). The exceptions are only acts that are punishable by absolutely certain sanctions (death penalty or lifetime conclusion).
According to Art. 13 of the 1948 Law on Criminal Justice, a fine can be appointed: a) instead of another punishment (for example, imprisonment) and b) in addition to another punishment, that is, simultaneously with another.
The use of a fine in addition to another punishment has a number of restrictions. So, the penalty cannot be assigned simultaneously with the test. It is forbidden to apply a fine in case of liberation from responsibility under the condition of the imperfect of the face of a new crime within a certain time.
In the US Fine Also applies to the number of sense of punishment on the legislation and practice of its application.
The penalty can be both the main and additional punishment. In most cases, it is envisaged along with imprisonment and can be appointed as the main penalty in combination with another main (imprisonment), and sometimes with probation.
In the form of a general rule, legislation does not establish the general maximum limit of the fine. Federal criminal law contains a plurality of fine size.
In France. Fine - The most common sense of punishment. The Criminal Code of 1810 did not provide for a penalty as a punishment for crimes, in the current Criminal Code, the penalty is also provided for crimes (property). In this case, there are two types of fine: ordinary cash fines and penalties.
The physical person can be appointed a fine, the maximum size of which is for the commission of a crime - 50 million francs, for the commission of the offense of 1 million francs, etc.
Penalty in the form of penalties is the responsibility of the convict regularly contribute to certain amounts of money in the state budget. The size of the daily contribution is established by the court, taking into account the income and property duties of the defendant and cannot exceed two thousand francs. The number of fines is determined, taking into account the circumstances of the criminal act, but may not exceed 360 days.
A legal entity can be appointed a fine, the maximum amount of which is: for a crime of 250 million francs, for offense 5 million francs. In case of re-attracting criminal responsibility The specified maximum of the fine doubles.
Monetary fine is the second type of principal punishment in the Criminal Code. It is appointed in daytime rates. The minimum number of flow rates of the cash fine is five full day rates, and the maximum - three hundred sixty full day rates, if the law does not establish other. The size of the day rate in each case is also individual, since the court defines it, taking into account the personal and material position of the person.
By the middle of the XIX century, the English system was included in the English system, long-term deprivation of liberty with relieving work; imprisonment, connected with mandatory work without them; penalties; Expands, warning and guarantee; Physical punishment. The main punishment recognized imprisonment.
In the USA to the end of the XVIII century. The death penalty, corporal punishment, fines, expulsion were applied towards criminals. So, in the colony Massachusetts, the guilty in drunkenness was supposed to pay 5 shillings, and in the absence of funds - to serve 3 hours in the pads. Then, imprisonment was applied with mandatory attraction of work. In the USA by the middle of the XIX century. From criminal penalties used: the death penalty, corporal punishment, imprisonment, deprivation of some personal rights, cash fines. And here the main punishment was imprisonment.
In 1890, 72, 2 thousand sentences were submitted to the United States, of which 162 were sentenced to death, 3691 - to a fine, and 68, 3 thousand to imprisonment, including 2, 7 thousand to life imprisonment. The death penalty and life imprisonment were mainly for killing. Condemned for the murder was 6, 3 thousand people (8, 8% among all the crimes committed), of which almost 40% of all convicted (2, 5 thousand people) were sentenced to death or life imprisonment.
The harsh colonial law of Karosa insult and even gross disobedience to parents with the death penalty. However, the death penalty was rare. Justice was based on the idea of \u200b\u200bretaliation, and the death penalty was appointed for a number of relatively lablen crimes: theft, crimes against morality, formation.
The pious American Anglo-Saxons destroyed the Indians. On the territory of the future US in 1700 lived to one and a half million Indians. By 1900, there were about 100 thousand Indians left, but they were supplanted from the most fertile and rich lands. American saying Personal "Only the dead Indians are good Indians."
Gradual restriction of the death penalty in the West
The death penalty, both simple and qualified widely applied in the period of state, frightening punishments in the XVI-XVII centuries. From the second half of the XVIII century. The return response against the domination of the death penalty begins, first from judicial practice, and then from the legislation and science. The reaction of judicial practice was expressed in mitigating court sentences, a decrease in mortal sentences. In all European states, judges expressing general mood, before the abolition of harsh laws ceased to prescribe a death penalty or appointed it extremely rarely for such crimes as heresy, witchcraft, blasphemy, adultery ( see with ......), bleeding, multiple, many kinds of theft. In England, for a simple theft in the amount of over 40 shillings, the death penalty was relying, but the jurors never evaluated a stolen over 39 shillings and thus actually abolished the death penalty for simple theft.
The English jury for the considerations of humanity resorted to the "pious perjury", evaluating the stolen under reduced amount. So, in 1808, in order to avoid the condemnation of one woman on the death penalty "For theft from a residential building in the amount of over 40 shillings," the jury under the oath recognized that the ten-pound banknote of the English bank is worth only 39 shillings, although in one pound contain 20 shillings.
Many species of qualified death penalty without the command of the law came out of consumption or at least subjected to mitigating direct and indirect measures. For example, it was prescribed sometimes to deprive the life of the criminal and produce a qualified execution over the corpse.
With the abolition of a qualified death penalty stayed simple ways Its applications: clipping head, hanging and execution. At the same time, the desire to make it possible to make the least painful and rapid execution for the convict. In order to make the death penalty for all equal and rapidly, a special car is invented by a French doctor, in which the head cuts off a special cutter drops from the height. The inventor her highly appreciated the advantages of his mechanism, said in 1791 by deputies of the Constituent Assembly: "With the help of my car, gentlemen, I cut off your head in a moment of an eye and you do not feel any pain." The first execution through the guillotine followed in 1792. The hereditary Paris Paris SanSon after the first test of the guillotine said: "The excellent invention, only they would not be abused." In 1890, for the first time in the United States, a death penalty was applied on an electric chair in the New York Osborne prison. The example of New York followed another 4 states.
The basis for the introduction of this method of execution was the opinion that it causes death instantly, and therefore he is more humane. At the same time, he is deprived of some theatricality inherent in execution by hanging. The calm of the prisoners here is not disturbed by the view of the gallows and complex preparations for execution. A room for execution in an Osboroon prison was a rather extensive hall, in the middle of which was a large chair. This chair was accompanied by belts that the criminal was fastened so that he could not move as a member of his body. Along the walls were arranged chairs on which the faces made to the presence during the execution. The head of the prison, doctor and sheriff county must be attended. The rest were spectators (usually 20-30 people) who received a special invitation. In a small neighboring room there was a dynamo machine, connected by invisible wires with an "electric chair", standing in the big hall. The execution was performed specially called from New York Electrical Engineering, who performed his work without seeing even the executive persons. By electrical call, this from the hall, it has connected the wires, a starting current of a certain force. Withstanding it for a few minutes. A special hood was put on executed during execution, which did not allow to see the cramps of the face during execution.
In 1910, one of Nevada states issued a law on which the death penalty was granted to choose from one of two ways of execution: poisoning or hanging. If the convicted elected the first method, it was given chloride-hydrogen acid in sufficient quantity. And he had to drink it during a certain period. The poisoning has the advantage over other ways that it eliminates the need for the service of the executioner.
In the German Code, the death penalty was made by behead (§ 13), in the German Military Criminal Code - by execution, "if it is appointed for a war crime, at the site of hostilities and for an unborn crime" (§ 14). England, Russia and the United States adhered to hanging.
From the end of the XVIII century. The legislation decreased the number of crimes, for which the death penalty could be appointed. The death penalty was canceled for a crime against religion and morality, for the preoccupation of the state crime, for crimes against property, with the exception of the most serious type of stealing, which is accompanied by violence or murder, or other aggravating circumstances.
The French criminal code of 1791 canceled a qualified death penalty. The death penalty was reduced to the simple deprivation of life by cutting off the head on the guillotine. The number of crimes that could be punished with a death penalty was reduced from 115 to 35. The French criminal code of 1810 appointed a death penalty in 38 cases. Moreover, even a qualified death penalty was preserved for the otceubide: a hand-held hand clip was used before cutting off the head on the guillotine. Further development of French legislation was aimed at reducing the number of criminal acts, for which the death penalty could be appointed.
In 1832, the death penalty was canceled for 8 crimes: counterfeitness, grievous theft, concealing stolen things when theft is punished with death, many cases of arson, etc. In 1848, the death penalty was canceled for state crimes (17 of the compositions).
After the laws of 1832 and 1848, the death penalty was used for 10 crimes, mainly for intentional murder with aggravating circumstances: with a pre-inflated intention, from ambush, parents, pregnant woman, committed with a special cruelty, a group of people, two or more persons , from mercenary motivation or by hiring, etc.
Such crimes treated: 1) different types of preemptive murder ( see with ...... ..); 2) intentional murder, if it preceded another crime, accompanied him or followed him; For example, the murder of the guard in the implementation of theft, the murder in the destruction of a residential building (Article 304); 2) arson of residential buildings, when there were people in them, because in those days, France was predominantly a rural country that did not know the radical methods of combating fires (Art. 434-435); By the way, lifelong catheda threatened to someone who "deliberately sets up buildings, ships, ships, shops, warehouses, if they are desert, and do not serve to reside; or forest, shrub, unlocked harvest, if they do not belong to him "(Part 3 of Art. 434); 3) an attempt to kill the head of state (Art. 86); 4) imprisonment connected with torture (Article 303); 5) castration, accompanied in a 40-day interval, death; 6) perjury and a subpoint to him, which caused the condemnation of anyone to death; 7) Some damage to railway structures and others.
In Germany, there was also a gradual restriction of the death penalty with a small number of crimes. Carolina prescribed the death penalty in 44 cases. Prussian Zemstvo Code of 1794 provided for the death penalty in 40 cases. For some crimes, they envisaged a qualified death penalty, burning - in some cases arson. The last burning took place in Berlin in 1823. The wheel was abolished in Hannover in 1840, and in Prussia - only in 1851 in certain German states the death penalty was canceled in 1849 in the German Penal Code of 1871. The death penalty Installed only in two compositions: 1) murder or attempt on the murder of the emperor or the sovereign of one part of them part of the German Federation (§ 80); 2) a preliminary murder with a predefined intention (§ 211); 3) causing death by explosives with the possibility of its foresight (Law 1884).
In compiling the German Criminal Code, it was proposed to completely cancel the death penalty. With the first and second readings of the draft code, the death penalty was a significant majority of Reichstag votes (118 votes against 81) rejected on the grounds that in six small German states had already abandoned her, starting from 1849. However, with the third reading, thanks to the pressure of the imperial (federal) chancellor (the head of the government) Otto, the background of Búsmark (1862-1890), which announced that if the death penalty was rejected for those specified in the crime project, the government will take back the entire draft code, was a minor majority In 8 votes in favor of the death penalty: 127 votes against 119. The position involved in the German Government of Bismarck when discussing the Criminal Code corresponded to the legal convictions of the overwhelming majority of Germans.
The classical country of application of the death penalty was England, in which even at the beginning of the XIX century. There were up to 240 crimes punished with the death penalty, including for crimes of small gravity: for the threat of murder in a letter, for malicious injury of animals, for refusing to pay for road repair tax, for unauthorized return from the reference, for the ribbon or destruction of trees, for malicious Bankruptcy, beyond theft of shops in excess of 5 shillings, for theft in the church, at the fair in the amount of more than 1 shillling (for example, for theft of a nasal handkerchief at the fair), for theft of 40 shillings in the house, for theft of working livestock, for theft of letters . Until 1783, he was punished with the death penalty by the one who had seen a gypsy in society during the month, as Roma was actively involved in theft. The city of London received an unflattering nickname of the city of Hungal.
British judges are often so accustomed to the executions that the abolition of them seemed to be eliminating any order in society. In this regard, the words of the old English judge of Lord Elenboro, said in the House of Lords in 1816, about the bill on the abolition of the death penalty for small thefts are characterized: "Milorda, if we say that this Bill becomes the law, then I do not know where we We wonder: I do not know if we will stand down heads or stay on our feet. "
In the process of revising criminal statutes since the 1830s, the number of crimes entrusted with the death penalty was significantly reduced. Since 1861, the death penalty was subject to: the supreme treason (TRIZN), that is, an encroachment on the part of the king and other persons of the royal house; intentional murder (Murder - Murder); marine robbery (piracy) with violence over personality; arson of warships and arsenals.
The death penalty in the colonial period of the US history was widely applied, since the British settlers brought with them to North America a criminal justice system in which the death penalty served as a sentence for many crimes. The harsh colonial law of Karosa insult and even gross disobedience to parents with the death penalty. Justice was based on the idea of \u200b\u200bretaliation, and the death penalty was appointed for a number of relatively lablen crimes: theft, crimes against morality, formation.
The creators of the US Constitution, the forbidden "cruel and unusual punishments", set themselves the goal to abolish only a qualified death penalty, but not a simple. Until 1894, according to US federal laws, the death penalty was envisaged for 16 crimes.
These were the murder, rape, state treason, various types of piracy (sea scope), intentional infliction of the wound, the consequence of which death appeared, the destruction by the owner of his ship to the sea, arson of the house in the fortress, arson of a warship, violent encroachment by the sailor on the commander of the vessel.
In 1894, the number, crimes, calarated by the death penalty on federal laws, was reduced to three: state treason, simply murder rape. The Federal Criminal Code of 1909 continued to maintain the death penalty in these three cases (Treason, Murder, Rape). However, the main mass of criminal laws has been published by individual states. States had considerable freedom to adopt the laws governing the use of the death penalty. In some states, in addition to the most frequently mentioned qualified killing (intentional murder with aggravating circumstances), rape (in 16 states), grave arson (in 12 states), abduction of children (in 3 states), treason (in 2 states) were punished with death penalty , Nightwall with burglary (in 3 states), robbery (in 2 states), serious wounds with intention to deprive life (in 2 states), false brisk (in 1 state), organization of the train crash. The death penalty in some states could be replaced by a lifelong deprivation of freedom in the order of pardon and by decision of professional judges or jury.
In France, England and Germany, as in other European countries, there was a reduction in the number of death sentences by the courts almost all for the intentional murder. At the same time, many death sentences were not carried out, in the order of pardon, the head of state was replaced by life imprisonment.
In France in the period 1826-1830. The number of sentences to the death penalty was 111, and the average number of executed - 72. In the period 1876-1880. The sentences were 25, executed - 6. In Prussia at the beginning of the XIX century. For the death penalty, about 70 people were sentenced annually annually, in the 1860s - 30. And the number of persons on which the sentences were actually carried out, was also a small percentage of the total number of sentences. The maximum of the number of executed no one year did not rise above 25, the minimum was equal to 4. A similar phenomenon was noticed in other German states. In England at the beginning of the XIX century. Every year they sentenced to the death penalty on average 800 people, and in reality 80, i.e., less than 1/10 of all sentenced. In 1888, from 36 death sentences, 22, in 1889, from 20 sentences only 11. For the fifth anniversary of 1896-1901. Every year it happened 12, 1 executions, and in the next five years (1901-1905) - 19, 4 executions. The highest year was 1903 with 27 executions at 41 sentenced to execution. In just 20 years (1886-1905) in England 551 murders were committed.
In the USA in 20 years from 1885 to 1904. The number of murders increased 5 times from 1. 808 in 1885 to 8. 482 in 1904 and amounted to twenty years 131. 951 people killed. The number of death penalty remained at about the same level: in 1885 amounted to 108 people, in 1904 - 116 people, and in total in 1885-1904. It was sentenced to execution 2. 286 people. At 131. 951, the murder in twenty years was executed only 2. 286 killers. The number of murders by lynching (self-doses) decreased half from 181 killed in 1885 to 87 killed in 1904 and amounted to 2,917 people killed. The population of the United States increased from 56, 1 million people in 1885 to 79, 1 million in 1902 by 9,000 murders in the United States in 1903 there were only 321 murders in Germany with a population of 60 million, 322 in England with a population in 32 million, 526 in France with a population of 38 million.
The public execution of the death penalty, on the square, gradually was replaced by non-public execution, in a closed room inside the prison, in the presence of only judges, prosecutor and representatives from the people. For the first time, the publicity of the death penalty was canceled in some (but not all) states of the United States. For example, they followed such countries in Europe as Prussia in 1857, England in 1868, Russia in 1881
The report of the Special Committee of the English Chamber of the Lords of 1860 stated that "the rural people are going to execute, as on the cock and bulls, and that after the execution is committed, an incredible rampant, curses, drunkenness and riots have always reigned in the city. In France, public executions on the Grevskaya Square in Paris continued until 1939. These executions aroused a surge of emotions of highly-cycle, flirty French - a crowd of roared, having fun, sang, piled, welcomed the executioner: "Bravo, Daibler (executioner)! Place Bandits! Now we will sleep well! "
"Who lived in Paris for a long time, as I, he knows what it was for disgust: public executions that took place near the prison" La Koquette ". Gazh, vassenger it was impossible to imagine anything! Thousands of people, from secular wovers and first-class Kokotok to the Tzeproi - Situlers, street plots, thieves and runaway convicts spent all night in the surrounding zucchini, drunk, sang in the cordon and dawn to the Cordon Soldiers surrounded by the site where "Trees of Justice" As officially referred to this disgusting machine (guillotine). It was impossible to see it well, but all this mass felt in admiration only from the fact that she was "executed", so famously and had fun in anticipation of such a captivating spectacle. In the 20th century, public morality, did not grow up to the widespread cancellation of the death penalty, still rearranged the abolition of public rituals of its execution (really not in all countries), "wrote Peter Dmitrievich Boborykin, Russian Writer of the Liberal and Western Direction, author of the term" intelligentsia " . When the French Revolution replaced the gilotina, "gentlely" nicknamed leaseta (it's likewise, the gallows would be lovingly called "Masha"), the people complained that nothing could be visible and demanded the return of the gallows. Going towards the wishes of the French people, after the restoration of the Bourbon monarchy in 1815, the gallows returned.
In the Victorian England of the XIX century there was such an aristocratic custom: the gentlemen from the Rights of the Company drove their ladies to prisons, where on Fridays or Saturdays the stroke of prostitutes. Gentlemen paid in advance good places, asked that they were missed closer, where it is better visible. A good tone was considered to know by the names of the executioners, comment on their actions, to know prostitutes and compare their behavior with the "last time" or with any other, long-standing spanking. The spanking of prostitutes on certain days was canceled only in 1865.
The death penalty at the end of the XVIII century under the influence of Bekcaria was canceled in some European states - in Tuscany and Austria, although for a short time. For the first time, the death penalty was canceled in the Italian state Tuscany from 1786 to 1791. In Austria, the death penalty was canceled from 1788 to 1795. From the middle of the XIX century, the death penalty was canceled in six US states.
In Michigan, the death penalty was canceled in 1846, in the genus Island - in 1852, in Wisconsin - in 1853, in Maine - from 1876 (in 1883 she was again restored, and in 1887 Revealed again), in Kansas - in 1907, in Colorado - in 1897, but in 1901 the death penalty was restored.
By the beginning of the First World War, the death penalty was canceled only in secondary European states: in Romania from 1866, in Portugal since 1867, in Holland since 1870, in Italy from 1890, in Norway C1902, in A number of cantons of Switzerland, actually did not take in Belgium from 1863
