Definition of Death Penalty (What it is, Concept and Definition)

death penalty is a type of criminal conviction provided for and regulated in accordance with the law and legal system of the region in which it is applied.

Also known as capital punishment, this sentence is used by different societies throughout the history of mankind.

The term "capital" is derived from the Latin capitals, which means “concerning the head”, in the literal translation. In this case, the word is an allusion to the act of decapitation, method of execution of the death penalty quite common in the Middle Ages, mainly.

There can be several reasons that lead an individual to be sentenced to the death penalty, according to the constitution and prevailing legislation in the locality where it is executed. Cases of murder, adultery, rape, homosexuality, apostasy and espionage are some examples of crimes that are or have been considered capital.

Discover the meaning of Apostasy.

Currently, the application of death penalties as a punitive method is a subject of great discussion among the community international, especially between countries that practice these acts and organizations in favor of rights humans.

According to the Amnesty International, the death penalty violates one of the main rights provided for in the Universal Declaration of Human Rights: life.

Another factor that calls into question the validity of the death sentences is the legal system, which, because of the from human decisions, it can be subject to error, causing the death of a possible innocent, by example.

Dice - Death Penalty

death penalty in Brazil

Death as punishment for common crimes is not provided for in the Brazilian Constitution, with the exception of some military crimes committed in periods of war, as provided for in the Military Penal Code.

5th Item XLVII of the Federal Constitution: there will be no penalties: a) of death, except in the case of declared war, pursuant to art. 84, XIX.

In this case, article 84, item XIX, says:

"XIX - declare war, in the case of foreign aggression, authorized by the National Congress or countersigned by it, when occurred between the legislative sessions, and, under the same conditions, decree, in whole or in part, the mobilization national".

Under civil law, the last sentence with the death penalty in Brazil occurred on April 28, 1876 (nineteenth century), in the city of Pilar, in the province of Alagoas.

The slave known as “Negro Francisco” was accused of having brutally murdered an important couple in the city, and as a result, was sentenced to hanging by the Civil Court.

death penalty in the world

Internationally, the death penalty is repudiated by all organizations that defend human rights, but it remains a common practice in several countries.

Even democratic countries like the USA, for example, adopt the death penalty (in some of their states) as punishment for certain crimes (as established in the country's Constitution).

Countries that have the death penalty

Currently, among the countries in which the death penalty is permitted by law and is put into practice as punishment for "common crimes" or "civil crimes", the following stand out:

  • United States (some states) - Hanging, lethal injection, shooting and others
  • Afghanistan - Hanging and shooting
  • Saudi Arabia – Decapitation and stoning
  • Bangladesh – Hanging and shooting
  • Belarus – Shooting
  • Botswana – Hanging and others
  • China (except Macau and Hong Kong) – Shooting and lethal injection
  • North Korea - Hanging and shooting
  • UAE - Shooting and stoning
  • Ethiopia - Shooting
  • Egypt - Hanging
  • Gambia - Hanging and shooting
  • Equatorial Guinea - Hanging and shooting
  • Yemen – Shooting and stoning
  • India – Hanging and shooting
  • Indonesia – Shooting and stoning
  • Iran – Shooting, beheading, stoning, shooting and others
  • Iraq - Hanging and shooting
  • Japan - Hanging
  • Jordan - Hanging
  • Lebanon – Hanging and Shooting
  • Libya - Shooting
  • Malaysia - Hanging
  • Nigeria – Shooting, hanging and stoning
  • Oman – Hanging and shooting
  • Pakistan - Hanging and shooting
  • Saint Kitts and Nevis - Hanging
  • Syria - Hanging and shooting
  • Somalia - Shooting
  • Sudan – Stoning and others
  • South Sudan - Hanging
  • Thailand – Lethal Injection
  • Taiwan – Shooting and lethal injection
  • Vietnam – Shooting and lethal injection

There are other nations with the death penalty provided for in their criminal legislation, however they are rarely practiced.

See also: the meaning of Euthanasia.

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