Capital punishment in Belgium was formally abolished on August 1, 1996, for all crimes, in both peacetime and wartime. [1] The last execution for crimes committed in peacetime took place in July 1863, when in Ypres a farmer was executed for murder. The last execution for an ordinary crime took place on 26 March 1918 at Veurne Prison when Emile Ferfaille, a military officer found guilty of killing his pregnant girlfriend, was guillotined. This was the first execution to be carried out since 1863. The guillotine that was used had to be imported from France.
Between November 1944 and August 1950, 242 people were executed by firing squad for crimes committed during the Second World War. 241 of them had been convicted as collaborators. A total of 2,940 persons were sentenced to death in that period, but only 242 executions were carried out. The last person ever to be executed in Belgium was the German war criminal Philipp Schmitt on 8 August 1950, the camp commander of the concentration camp Fort Breendonk. Although the Belgian Penal Code stipulated that the death penalty had to be carried out by decapitation, the 242 persons executed after the Second World War were tried by a military court and so they were executed by firing squad.
The death penalty is abolished.
– Article 14bis of the Belgian Constitution
On 1 January 1999, the Sixth Protocol to the European Convention of Human Rights, forbidding the death penalty in all circumstances, came into force and Belgium has also signed the second optional protocol of the International Covenant on Civil and Political Rights. On 2 February 2005, the prohibition of the death penalty was also included in the Belgian Constitution by inserting an Article 14bis.
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. By the 2020s, many countries had 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.
Execution by firing squad, in the past sometimes called fusillading, is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are usually readily available and a gunshot to a vital organ, such as the brain or heart, most often will kill relatively quickly.
Capital punishment is a legal penalty in Belarus. At least one execution was carried out in the country in 2022.
Capital punishment in France is banned by Article 66-1 of the Constitution of the French Republic, voted as a constitutional amendment by the Congress of the French Parliament on 19 February 2007 and simply stating "No one can be sentenced to the death penalty". The death penalty was already declared illegal on 9 October 1981 when President François Mitterrand signed a law prohibiting the judicial system from using it and commuting the sentences of the seven people on death row to life imprisonment. The last execution took place by guillotine, being the main legal method since the French Revolution; Hamida Djandoubi, a Tunisian citizen convicted of torture and murder on French soil, was put to death in September 1977 in Marseille.
Capital punishment in Sweden was last used in 1910, though it remained a legal sentence for at least some crimes until 1973. It is now outlawed by the Swedish Constitution, which states that capital punishment, corporal punishment, and torture are strictly prohibited. At the time of the abolition of the death penalty in Sweden, the legal method of execution was beheading. It was one of the last states in Europe to abolish the death penalty.
Capital punishment has been completely abolished in all European countries except for Belarus and Russia, the latter of which has a moratorium and has not carried out an execution since September 1996. The complete ban on capital punishment is enshrined in both the Charter of Fundamental Rights of the European Union (EU) and two widely adopted protocols of the European Convention on Human Rights of the Council of Europe, and is thus considered a central value. Of all modern European countries, San Marino, Portugal, and the Netherlands were the first to abolish capital punishment, whereas only Belarus still practises capital punishment in some form or another. In 2012, Latvia became the last EU member state to abolish capital punishment in wartime.
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 in Finland has been abolished de jure.
Capital punishment in Germany has been abolished for all crimes, and is now explicitly prohibited by the constitution. It was abolished in West Germany in 1949, in the Saarland in 1956, and East Germany in 1987. The last person executed in Germany was the East German Werner Teske, who was executed at Leipzig Prison in 1981.
The use of capital punishment in Italy has been banned since 1889, with the exception of the period 1926–1947, encompassing the rule of Fascism in Italy and the early restoration of democracy. Before the unification of Italy in 1860, capital punishment was performed in almost all pre-unitarian states, except for Tuscany, where, starting from 1786, it was repeatedly abolished and reintroduced. It is currently prohibited by the Constitution of the Italian Republic with no more exceptions even in times of war.
Capital punishment remained in Polish law until September 1, 1998, but from 1989 executions were suspended, the last one taking place one year earlier. No death penalty is envisaged in the current Polish penal law.
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.
Capital punishment in Armenia was a method of punishment that was implemented within Armenia's Criminal Code and Constitution until its eventual relinquishment in the 2003 modifications made to the Constitution. Capital punishment's origin in Armenia is unknown, yet it remained present in the Armenia Criminal Code of 1961, which was enforced and applied until 1999. Capital punishment was incorporated into Armenian legislation and effectuated for capital crimes, which were crimes that were classified to be punishable by death, including treason, espionage, first-degree murder, acts of terrorism and grave military crimes.
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.
Capital punishment in modern Greece was carried out using the guillotine or by firing squad. It was last applied in 1972 during the military junta. The death penalty was abolished in stages between 1975 and 2005.
Capital punishment in Romania was abolished in 1990, and has been prohibited by the Constitution of Romania since 1991.
Capital punishment in Norway has been constitutionally prohibited since 2014.
Capital punishment is no longer applied in San Marino: the last execution was carried out in 1468 or in 1667, by hanging.
Capital punishment in Peru was last used in 1979. In the same year, the death penalty was abolished for ordinary crimes. Peru is one of seven countries that has abolished capital punishment for "ordinary crimes only." Peru voted in favor of the United Nations moratorium on the death penalty in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. Peru is not a signatory to the Second Optional Protocol to the International Covenant on Civil and Political Rights.