DRAFT No. 42307-8 “ON INTRODUCING AMENDMENTS TO THE CRIMINAL CODE OF THE RUSSIAN FEDERATION (IN PART OF ESTABLISHING A CRIMINAL RESPONSIBILITY FOR TORTURE)”: SCIENTIFIC COMMENTARY

Abstract

Any criminal law prohibition must be objectively necessary and socially conditioned. In this process, the totality of all factors - the grounds for a criminal law prohibition - is subject to consideration. In particular, historical and legal traditions, the level of public legal awareness, the damage caused by these acts, their social danger, typicality, prevalence, causes and conditions that give rise to these acts, the impossibility of influencing them by other measures, except for criminal legal means of influence, and other social and legal-criminological grounds. Even an elementary assessment of these grounds does not cast doubt on the need to establish criminal liability for the use of torture. Therefore, the efforts of the legislator in resolving this issue deserve only support. Using the available scientific developments, the draft law No. 42307-8, submitted to the State Duma of the Russian Federation by senators A. A. Klishas, V. V. Poletaev and deputy of the State Duma of the Russian Federation P. V. Krasheninnikov, is considered (analyzed) from the point of view of their effectiveness proposals to combat torture.