I dare say that today's spy swap of the 10 or so arrested in the United States for a few arrested in Russia demonstrates that yes, indeed, they were guilty of spying.
I'm still not quite sure why spies are swapped instead of punished, but whatever.
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Probably in order to protect our spies (who are, after all, public servants in the best sense) from the preferred choice of "punishment" used in some countries.
IOW, it's just like POW swap. Does it make sense to just kill everyone who was aiming a gun at you at some point? Yes, it does. But by abiding by POW swap treaties, we ensure (insofar as possible) that those who take up arms against our country have some protection against the potential brutality of enemies.
because spies have value. our returned spies have knowledge/experience of operations that can be passed on to the next wave.. like, how not to get caught,even.
also... spies are more likely to take risk if they know there is a possibility they wont be killed.
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