The present work is devoted to the consideration of the possibility of
introducing various mathematical algorithms and computer programs into the current
justice system that would determine the types of sentences in specific criminal cases
as well as their terms or length. This problem was discussed at a meeting of the St.
Petersburg International Criminological Club on February 15, 2019 on the topic: “Crime
and the problems of adequate punishment”.
In general the study is a critical analysis of the scientific and practical component of
the arguments brought forward supporters of the introduction of an electronic system for
assignment sentences, the most relevant of the committed act to public danger and the
identity of the offender. Based on the results of the study of the judgments presented on
this subject, conclusions are drawn about the insolvency and (or) apparent exaggeration
of the possibilities of electronic means of sentencing in comparison with the intellectuallysensual capabilities of a person. Particular attention is drawn to the fact that in modern
representations of mankind there are no universally recognized criteria of fairness,
proportionality, mercy, etc. that are not amenable to automatic digital determination,
but are established due to exclusively sensory perception by a person in the process of
carrying out intellectual activity.
At the end of the work an argument is given and a conclusion is formulated about the
possibility of assignment criminal punishment only by a person, without participation in
this process of computer programs and other high-tech means of electronic information
processing. Only the perception by the person (judge) of the real social danger of the
crime committed and the identity of the offender based on the provisions of the criminal
law can ensure a high degree of justice and humanism of the punishment imposed and
executed in each case.
Head of the Department of Criminal
Law of the Academy of the Federal Penal Service of Russia,
Ryazan, Russian Federation, Professor of the Department
of Criminal Law and Criminal Procedure of the Ugra State
University, Khanty-Mansiysk, Russian Federation, Dsc. in
Law, Associate Professor
, e-mail firstname.lastname@example.org
1. Vojshvillo E. K., Degtyarev M. G. Logika [Logics]. Moscow, 2001. 528 p. (In Russ.).
2. VCIOM: 70 % rossiyan ne ponimayut suti iskusstvennogo intellekta [Russian Public Opinion Research Center: 70 %
of Russians do not understand the essence of artificial intelligence]. Available at: https://naked--science-ru.turbopages.
org/s/naked-science.ru/article/hi-tech (accessed 23.05.2020). (In Russ.).
3. Gilinskij YA. I. «Elektronnye vesy pravosudiya» – vymysel ili real’nost’? [«Electronic scales of justice» – fiction or reality?].
Kriminologiya: vchera, segodnya, zavtra – Criminology: yesterday, today, tomorrow, 2019, no. 1, pp. 18–20. (In Russ.).
4. Gorshenkov G. N. O «vesah Alikperova» [About «Alikperov’s Scales»]. Kriminologiya: vchera, segodnya, zavtra –
Criminology: yesterday, today, tomorrow, 2019, no. 1, pp. 16–17. (In Russ.).
5. Naumov A. V. Rossijskoe ugolovnoe pravo. V 2 tomah. Tom 1: Obshchaya chast’ [Russian criminal law. In 2 vol. Vol. 1:
General part]. Moscow, 2004. 496 p. (In Russ.).
6. Prestuplenie i problemy adekvatnogo nakazaniya [Crime and problems of adequate punishment]. Available at: https://
www.criminologyclub.ru/home/3-last-sessions/356-2019-02-26-20-10-22.html (accessed 23.05.2020). (In Russ.).