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Capital punishment, also known as the death penalty, is the state-sanctioned homicide of a natural person as a punishment for a crime. The sentence ordering that someone is punished with the death penalty is called a death sentence, and the act of carrying out such a sentence is known as an execution. A prisoner awaiting his or her execution is condemned and is "on death row". Crimes that are punishable by death are known as capital crimes, capital offences or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against the person such as murder, mass murder, aggravated cases of rape, child rape, child sexual abuse, terrorism, war crimes, crimes against humanity, and genocide, along with crimes against the state including, but not limited to, attempting to overthrow government, treason, espionage, sedition, piracy, and aircraft hijacking. Also, in some cases, acts of recidivism, aggravated robbery, and kidnapping, in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements.
The following is a summary of the use of capital punishment by country. Globally, of the 195 independent states that are UN members or have UN observer status, 106 countries have completely abolished it de jure for all crimes, 7 have abolished it for ordinary crimes and 28 are abolitionist in practice, while 54 countries retain capital punishment.
Most libertarians oppose capital punishment. They argue that capital punishment is an extreme exertion of state power, that it is contrary to the values of a free society, and that authoritarian countries tend to be retentionist, and liberal-democratic societies generally abolitionist. Proponents of capital punishment believe that such punishment may be justified as a deterrent to particularly atrocious crimes and as a means of keeping dangerous individuals permanently incapacitated. Furthermore, if people commit crimes, they may sacrifice their rights and if the legal system is legitimate, perhaps capital punishment is justified. The U.S. Libertarian Party, a right-libertarian American third party, opposes “the administration of the death penalty by the state.” Despite the large stake conservatives would have in abolishing the death penalty.
Human rights in Uzbekistan have been described as "abysmal" by Human Rights Watch, and the country has received heavy criticism from the UK and the US for alleged arbitrary arrests, religious persecution and torture employed by the government on a regional and national level.
Capital punishment was a legal penalty in the U.S. state of New Hampshire for persons convicted of capital murder prior to May 30, 2019.
Capital punishment is a legal penalty in the mainland of the People's Republic of China. It is mostly enforced for murder and drug trafficking, and executions are carried out by lethal injection or gun shot.
Capital punishment is a legal penalty in Belarus. At least four executions were carried out in the country in 2018.
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 six 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, who was put to death in September 1977 in Marseille.
Cities for Life Day is a worldwide festivity that supports the abolition of the death penalty. It is celebrated on November 30 of each year.
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 Malaysia. It is a mandatory punishment for murder, drug trafficking, treason, and waging war against Yang di-Pertuan Agong. Recently, the law was extended to include acts of terrorism. Any terrorists, and anyone who aids terrorists, financially or otherwise, is liable to face the death penalty. Since January 2003, the death penalty in Malaysia has been a mandatory punishment for rapists that cause death and child rapists. A 1961 law states that kidnapping carried a life sentence or a death sentence, preceded by a whipping.
Capital punishment was a legal penalty in the Soviet Union for most of the country's existence. The legal justification of capital punishment was found in Article 22 of the Fundamental Principles of Criminal Legislation, which stated that the death penalty was permitted "as an exceptional measure of punishment, until its complete abolition".
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 in Armenian legislation and effectuated for capital crimes, which were crimes that were classified to be punishable by death, this included: treason, espionage, first-degree murder, acts of terrorism and grave military crimes.
Capital punishment in Latvia was abolished for ordinary crimes in 1999 and for crimes committed during wartime in 2012. Latvia is party to several international instruments which ban the capital punishment.
Capital punishment has been abolished in Mongolia since 2016, following a previous eight-year moratorium.
Capital punishment in Nepal has been abolished.
In Papua New Guinea (PNG), also officially known as the Independent State of Papua New Guinea, capital punishment is a legal form of punishment. Despite its legality, capital punishment has not been imposed in PNG in over sixty years. The last known execution took place under the colonial administration of Australia. The last execution is understood to have been done by way of hanging and took place in the capital city of PNG, Port Moresby, in November 1954.
Capital punishment in Kazakhstan was abolished for all crimes in 2021.
Capital punishment in Kyrgyzstan has been abolished.
References
- ↑ "Abolitionist and retentionist countries | Amnesty International". Amnesty.org. Retrieved 2014-02-23.
- ↑ "HANDS OFF CAIN against death penalty in the world". Handsoffcain.info. 1992-12-08. Retrieved 2014-02-23.
- ↑ "Death penalty: Countries abolitionist for all crimes | Amnesty International". Amnesty.org. 2013-12-18. Retrieved 2014-02-23.
