Capital punishment in Nepal has been abolished. [1]
For crimes under the country's common law, capital punishment was abolished by legal reform in 1946. It was later reinstated for murder and terrorism in 1985. [2] Full abolition by constitutional amendment came into force on 9 November 1991.
Article 12 of the Constitution of the Kingdom of Nepal (1990) states: [3] "No law shall be made which provides for capital punishment."
The last execution in Nepal took place in 1979. [3]
According to a study by Cornell Law School, [4] one of the key factors leading to the abolition was a 15-year period of monitored experimental abolition, which involved a moratorium on executions for common law offenses, during which crime rates remained stable, reassuring the public and the policy makers and paving the way for abolition for ordinary crimes in 1946.
The study also notes that the transition to a multi-party constitutional monarchy, in 1990, "provided a propitious context for abolition", seen as part of a broad program of human rights reform aimed at breaking with the past.
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.
Capital punishment is a legal penalty in China. It is applicable to offenses ranging from murder to drug trafficking. Executions are carried out by lethal injection or by shooting. A survey conducted by TheNew York Times in 2014 found the death penalty retained widespread support in Chinese society.
Capital punishment is a legal penalty in Belarus. At least one execution was carried out in the country in 2022.
A public execution is a form of capital punishment which "members of the general public may voluntarily attend." This definition excludes the presence of only a small number of witnesses called upon to assure executive accountability. The purpose of such displays has historically been to deter individuals from defying laws or authorities. Attendance at such events was historically encouraged and sometimes even mandatory.
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 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.
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.
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 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 Portugal has been abolished. Portugal was a pioneer in the abolition of capital punishment. No executions have been carried out since 1846, with the formal abolition of capital punishment for civil wrong occurring in 1867.
Capital punishment is no longer applied in San Marino: the last execution was carried out in 1468 or in 1667, by hanging.
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 no longer a legal punishment in the Independent State of Papua New Guinea.
Capital punishment in Luxembourg was abolished for all crimes in 1979.
Capital punishment remains a legal penalty for multiple crimes in the Gambia. However, the country has taken recent steps towards abolishing the death penalty.
Capital punishment in Malawi is a legal punishment for certain crimes. The country abolished the death penalty following a Malawian Supreme Court ruling in 2021, but it was soon reinstated. However, the country is currently under a death penalty moratorium, which has been in place since the latest execution in 1992.
Capital punishment is a legal penalty in Burkina Faso. It has been abolished for all offenses except war crimes, making the country "Abolitionist for Ordinary Crimes," along with Brazil, Chile, El Salvador, Guatemala, Israel, and Peru. Before the partial abolition of capital punishment in 2018, capital punishment had been abolished de facto. The country carried out it last execution in 1989.
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