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 2010s, many countries had either abolished or discontinued the practice.
In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, such as aggravated murder. Although it is a legal penalty in 27 states, 20 states have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums.
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 conducted 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 for murder was abolished in Malta in 1971. It 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. Its last recorded use 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 Andorra was abolished in 1990, having last been used in 1943.
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.
The last execution took place in Azerbaijan in 1993 by method of single shot. Capital punishment was abolished in 1998. Protocol No. 6 to the ECHR came into force in this country on the 25th of January 2001 and the death penalty was replaced with life imprisonment.
Capital punishment in Belgium was formally abolished on August 1, 1996, for all crimes, in both peacetime and wartime. 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.
Capital punishment in Bosnia and Herzegovina is prohibited. It was abolished de facto for all crimes in November 1998 in the Federation of Bosnia and Herzegovina and on June 21, 2000 in the Republika Srpska. However, it was only on October 4, 2019 that the capital punishment was completely erased from the Constitution of Republic of Srpska, one of Bosnia and Herzegovina's two entities. While it was still in place, it was endorsed under the Article 11 of the Constitution of the Republic of Srpska.
Capital punishment in Croatia existed until 1991 when it was constitutionally abolished. The last execution had taken place under Yugoslavia in 1987.
Capital punishment in Georgia was completely abolished on 1 May 2000 when Protocol 6 to the ECHR was signed. 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, and the death penalty was abolished in stages between 1975 and 2005.
Capital punishment was used from the creation of the modern Serbian state in 1804. On 26 February 2002, the Serbian Parliament adopted amendments striking the death penalty from the Criminal Code. The last execution, by shooting, took place on 14 February 1992, and the last death sentences were pronounced in 2001. Serbia is bound by the following international conventions prohibiting capital punishment : The Second Optional Protocol to the International Covenant on Civil and Political Rights, and Protocols No. 6 and No. 13 to the European Convention on Human Rights. According to Article 24 of the Serbian constitution (2006): „Human life is inviolable. There shall be no death penalty in the Republic of Serbia“.
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 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. According to Art. 26 of the Montenegrin Constitution (2007): "In Montenegro, capital punishment punishment is forbidden”.
Capital punishment in Luxembourg was abolished for all crimes in 1979.
Capital punishment in Moldova was abolished in 2005.
Capital punishment is a legal sanction in Chile, but its use has been limited to military personnel for war crimes and crimes against humanity committed during wartime, since its abolition for civilian offenses in 2001. Chile is one of seven countries that has abolished capital punishment for ordinary crimes only. The method of execution in Chile is by shooting, which was last carried out on January 29, 1985, when two serial killers, Jorge Sagredo and Carlos Topp, were executed by firing squad.
