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Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorised, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Capital punishment, also called the death penalty, is the state-sanctioned killing of a person as a punishment for a crime. It has historically been used in almost every part of the world. Since the mid-19th century many countries have abolished or discontinued the practice. In 2022, the 5 countries that executed the most people were, in descending order, China, Iran, Saudi Arabia, Egypt, and the United States.
Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face discrimination and legal challenges. Homosexuality is illegal in the United Arab Emirates (UAE) and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal. In both cases, prosecution will only be brought if a husband or male guardian of one of the participants makes a criminal complaint. The penalty is a minimum of six months imprisonment; no maximum penalty is prescribed, and the court has full discretion to impose any sentence in accordance with the country's constitution.
Capital punishment is a legal penalty in Iran. The list of crimes punishable by death includes murder; rape; child molestation; homosexuality; drug trafficking; armed robbery; kidnapping; terrorism; burglary; incest; fornication; adultery; sodomy; sexual misconduct; prostitution; plotting to overthrow the Islamic government; political dissidence; sabotage; arson; rebellion; apostasy; blasphemy; extortion; counterfeiting; smuggling; recidivist consumption of alcohol; producing or preparing food, drink, cosmetics, or sanitary items that lead to death when consumed or used; producing and publishing pornography; using pornographic materials to solicit sex; capital perjury; recidivist theft; certain military offences ; "waging war against God"; "spreading corruption on Earth"; espionage; and treason. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017. In 2018 there were at least 249 executions, at least 273 in 2019, at least 246 in 2020, at least 290 in 2021, at least 553 in 2022, at least 834 in 2023, and at least 226 so far in 2024.
Capital punishment is a legal penalty in Pakistan. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy.
Capital punishment is a legal penalty in Malaysian law.
Lesbian, gay, bisexual, and transgender (LGBT) people in Brunei face severe challenges not experienced by non-LGBT residents. Both male and female expressions of homosexuality are illegal in Brunei. Sexual activity between men is de jure liable to capital punishment, with de facto lesser penalties of imprisonment and whipping applied; sex between women is punishable by caning or imprisonment. The sultanate applied a moratorium on the death penalty in 2019, which was still in effect as of May 2023. The moratorium could be revoked at any time.
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.
Lesbian, gay, bisexual, and transgender (LGBT) people are generally discriminated against in the Maldives.
Capital punishment is a legal penalty in South Korea. As of December 2012, there were at least 60 people on death row in South Korea. The method of execution is hanging.
Capital punishment is a legal criminal penalty in Somalia, a nation in East Africa. Legally sanctioned executions of the death penalty in Somalia are carried out by shooting, in accordance with the 1962 Somali Penal Code and the Military Penal Code. Sharia and Islamic tribunals are recognised in Somalia in parallel with the civil law: these would have the authority to order execution by other means, such as beheading and stoning. Since at least the start of the 21st century, all executions by such methods have been applied ad-hoc, without official sanction, by non-state insurgent militias, in the context of an unstable government, and the ongoing civil war in the country. A number of these extrajudicial executions have violated sharia legal principles and appear to have a conflict-related tactical aim of inciting fear amongst civilians. Both officially sanctioned and extrajudicial executions by firing squad often occur in public.
Being involved in the illegal drug trade in certain countries, which may include illegally importing, exporting, selling or possession of significant amounts of drugs, constitutes a capital offence and may result in capital punishment for drug trafficking, or possession assumed to be for drug trafficking. There are also extrajudicial executions of suspected drug users and traffickers in at least 2 countries without drug death penalties by law: Mexico and Philippines.
Capital punishment is a legal penalty in Yemen. Per capita, Yemen has one of the highest execution rates in the world. Capital punishment is typically carried out by shooting, and executions occasionally take place in public. In addition to being the only individual in the country with the authority to grant clemency, the President of Yemen must ratify all executions handed down by any court before they are carried out. Since 2014, large parts of the north and north-west of the country are under the control of the extremist Houthi rebel group, who have presided over an expansion in the use of the death penalty.
The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.
Capital punishment is a legal penalty in Jordan. The country had a moratorium on capital punishment between 2006 and 2014. In late 2014 the moratorium was lifted and 11 people were executed. Two more executions followed in 2015, 15 executions took place in 2017 and one in 2021. The method of execution is hanging, although shooting was previously the sole method for carrying out executions.
Capital punishment is a legal penalty in Nigeria.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It currently remains a legal punishment in several countries and regions, all of which have sharia–based criminal laws, except for Uganda.
Caning is used as a form of judicial corporal punishment in Brunei. This practice is heavily influenced by Brunei's history as a British protectorate from 1888 to 1984. Similar forms of corporal punishment are also used in two of Brunei's neighbouring countries, Singapore and Malaysia, which are themselves former British colonies.
Capital punishment for offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy, perjury, prostitution, sorcery and witchcraft, theft, and treason.
Capital punishment is a legal penalty in Eritrea. However, Eritrea is considered "abolitionist in practice," as the nation's most recent official execution took place in 1989. No executions have taken place in Eritrea since they declared independence from Ethiopia and gained international recognition in 1993.
References
- 1 2 "Brunei law to allow death by stoning for gay sex". The Huffington Post. 15 April 2014. Archived from the original on 25 April 2017. Retrieved 28 July 2015.
- ↑ Walden, Max; Robertson, Holly (8 May 2019). "Brunei won't impose death penalty for gay sex — but it's still illegal: Why has Brunei suddenly backflipped on death penalty for gay sex?". ABC News .
- ↑ "Death penalty". www.Amnesty.org. Amnesty International. Archived from the original on 22 August 2016. Retrieved 4 May 2018.
- ↑ "The death penalty in Brunei". www.DeathPenaltyWorldwide.org. Archived from the original on 13 May 2017. Retrieved 30 May 2017.
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