Capital punishment in Austria

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Abolished for all offences
Abolished in practice
Retains capital punishment Death Penalty laws in Europe.svg
Europe holds the greatest concentration of abolitionist states (blue). Map current as of 2022
  Abolished for all offences
  Abolished in practice
  Retains capital punishment

Capital punishment in Austria was abolished in 1787, although restored in 1795. [1] Unlike other countries with a minimum age of 18, the Habsburg Law enacted in 1919 set the minimum age for execution in Austria at 20.

The method of execution in Austria was hanging until the annexation by Nazi Germany (1938-1945) when it was replaced by the guillotine. After World War II, hanging was re-introduced by the British. The last person to be executed in Austria was Johann Trnka. He was hanged on 24 March 1950 for the crime of murder. Capital punishment was abolished for murder on 30 June 1950. However, executions continued into the 1950s under Allied military law in the Soviet occupation zone, with the last executions taking place no later than 1955, when the occupation ended. Capital punishment was abolished completely in February 1968. Austria is a state party to the Second Optional Protocol to ICCPR (ratified 1993), Protocol No. 6 to ECHR (1984), and Protocol No. 13 to ECHR (2004).

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Capital punishment is forbidden by the Charter of Fundamental Rights and Freedoms of the Czech Republic and is simultaneously prohibited by international legal obligations arising from the Czech Republic's membership of both the Council of Europe and the European Union.

Capital punishment for murder was abolished in Malta in 1971. However, the death penalty continued to be part of the country's military code until it was fully abolished on 21 March 2000. Malta is a signatory of the Second Optional Protocol to the International Covenant on Civil and Political Rights that commits it to abolition of the death penalty within its borders. Malta has also ratified protocol 13 to the European Convention on Human Rights, that bans the death penalty in all circumstances.

Capital punishment is a long unused form of punishment in Brazil. The last recorded instance of a death penalty convict being executed in the country was in 1876. Although virtually abolished, it is still legal during wartime, according to the Article 5, XLVII, "a", of the Federal Constitution. Brazil is the most populous country in the world that does not retain the death penalty in practice. It is also one of seven countries to have abolished capital punishment for ordinary crimes only.

The last execution of a civilian carried out in Albania was a double hanging on June 25, 1992, where brothers Ditbardh and Josef Cuko were hanged in the public square of the southern town of Fier. Capital punishment in Albania was abolished for murder on 1 October 2000, but was still retained for treason and military offences. The reason for the abolition of the death penalty in Albania as well as in other European nations is the signing of Protocol No. 6 to the ECHR.

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Capital punishment in Georgia was completely abolished on 1 May 2000 when the country signed Protocol 6 to the ECHR. Later Georgia also adopted the Second Optional Protocol to the ICCPR. Capital punishment was replaced with life imprisonment.

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Capital punishment is no longer a legal punishment in the Independent State of Papua New Guinea.

Capital punishment in Montenegro was first prescribed by law in 1798. It was abolished on 19 June 2002. The last execution, by shooting, took place on 29 January 1981, and the two last death sentences were pronounced on 11 October 2001. Montenegro is bound by the following international conventions prohibiting capital punishment : Second Optional Protocol to the International Covenant on Civil and Political Rights, as well as Protocols No. 6 and No. 13 to the European Convention on Human Rights. Article 26 of the Montenegrin Constitution (2007) that outlawed the death penalty states: "In Montenegro, capital punishment punishment is forbidden”.

Capital punishment has been abolished in Seychelles. The country permanently abolished the death penalty by a Constitutional amendment in June 1993.

Capital punishment in Lesotho is legal. However, despite not having any official death penalty moratorium in place, the country has not carried out any executions since the 1990s and is therefore considered de facto abolitionist.

Capital punishment in Burkina Faso has been abolished. In late May 2018, the National Assembly of Burkina Faso adopted a new penal code that omitted the death penalty as a sentencing option, thereby abolishing the death penalty for all crimes.

Capital punishment in Gabon was officially abolished for all crimes in 2010. Gabon's last execution took place in 1985. Prior to abolition, Gabon was classified as de facto abolitionist, or "abolitionist in practice," due to the length of time since their last execution.

Capital punishment was abolished in Guinea-Bissau in 1993. The country carried out its last execution in 1986. In February 1993, the National People's Assembly (Guinea-Bissau) passed an amendment to the constitution which abolished the death penalty for aggravated murder and treason.

References

  1. "Fortschritte und Rückschläge im Kampf gegen die Todesstrafe (PK0821/21.10.2008)". Parlament Österreich (in German). 2024-07-09. Retrieved 2024-07-09.