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104-487: In the modern history of Romania, there have been four criminal codes, the first three codes being associated with the rulings of Alexandru Ioan Cuza , Carol II and Nicolae Ceaușescu respectively, and the current code being based on a modernized understanding of the law, within the European context, in the 21st century. Each of these codes had been modified several times after their enactment, including in connection with

208-982: A Prussian monarch; anti-Carol riots in Bucharest during the Franco-Prussian War ( see History of Bucharest ) and the coup attempt known as the Republic of Ploiești in August 1870, the conflict was eventually resolved by the compromise between Brătianu and Carol, with the arrival of a prolonged and influential Liberal cabinet. Cuza spent the remainder of his life in exile, chiefly in Paris, Vienna and Wiesbaden, accompanied by his wife and his two sons. He died in Heidelberg on 15 May 1873. His remains were buried in his residence in Ruginoasa, but were moved to

312-471: A global moratorium on executions , with support for eventual abolition. Execution of criminals and dissidents has been used by nearly all societies since the beginning of civilisations on Earth. Until the nineteenth century, without developed prison systems, there was frequently no workable alternative to ensure deterrence and incapacitation of criminals. In pre-modern times the executions themselves often involved torture with painful methods, such as

416-560: A basic right in its Poljica Statute of 1440. Sir Thomas More 's Utopia , published in 1516, debated the benefits of the death penalty in dialogue form, coming to no firm conclusion. More was himself executed for treason in 1535. More recent opposition to the death penalty stemmed from the book of the Italian Cesare Beccaria Dei Delitti e Delle Pene (" On Crimes and Punishments "), published in 1764. In this book, Beccaria aimed to demonstrate not only

520-615: A change of political regime, such as the installation of the communist regime after World War II, and the fall of the communist regime after the Romanian Revolution of 1989 . The Romanian Penal Code was first issued in 1865, under the leadership of A.I. Cuza . The Code (also known as the Cuza Code ) standardized the laws of the Principality of Wallachia and Principality of Moldova , which since 1859 were united under

624-530: A cherry tree in an orchard. In 1820, there were 160, including crimes such as shoplifting, petty theft or stealing cattle. The severity of the so-called Bloody Code was often tempered by juries who refused to convict, or judges, in the case of petty theft, who arbitrarily set the value stolen at below the statutory level for a capital crime. In Nazi Germany , there were three types of capital punishment; hanging, decapitation, and death by shooting. Also, modern military organisations employed capital punishment as

728-497: A coffin while desecrating a tomb. Decapitation was the method of execution prescribed for more serious crimes such as treason and sedition. Despite the great discomfort involved, most of the Tang Chinese preferred strangulation to decapitation, as a result of the traditional Tang Chinese belief that the body is a gift from the parents and that it is, therefore, disrespectful to one's ancestors to die without returning one's body to

832-408: A decreasing group of hand-picked bureaucrats, Cuza began facing a mounting opposition after his land reform bill, with liberal landowners voicing concerns over his ability to represent their interests. Along with financial distress, there was an awkward scandal that revolved around his mistress, Maria Catargiu-Obrenović , and popular discontent culminated in a coup d'état. Cuza was forced to abdicate by

936-590: A few actively retain it; less than half of countries in Africa retain it; and the majority of countries in Asia retain it, for example, China , Japan and India . Abolition was often adopted due to political change, as when countries shifted from authoritarianism to democracy, or when it became an entry condition for the EU. The United States is a notable exception: some states have had bans on capital punishment for decades,

1040-589: A foreign prince with ties to an important princely house, legitimizing Romanian independence (which Carol came to do after the Russo-Turkish War of 1877–1878 ), had been one of the liberal aims in the revolution of 1848. Despite the participation of Ion Brătianu and other future leaders of the Liberal Party in the overthrow of Cuza, he remained a hero to the radical and republican wing, who, as Francophiles , had an additional reason to oppose

1144-439: A form of deterrence as opposed to retribution, can be traced back to Cesare Beccaria , whose influential treatise On Crimes and Punishments (1764) was the first detailed analysis of capital punishment to demand the abolition of the death penalty. In England, Jeremy Bentham (1748–1832), the founder of modern utilitarianism, called for the abolition of the death penalty. Beccaria, and later Charles Dickens and Karl Marx noted

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1248-529: A legal offense. Homosexual acts were classified as a criminal offense. Nonetheless, the Code retained the presumption of innocence . The Code was now expressly mentioning the concept of complicity to crime. It also included specific definitions of infraction , attempt , perjury , rape , bribe , prostitution , war propaganda and theft . The Penal Code after the Romanian Revolution of 1989 has been updated 29 times as of December 2008. Capital punishment

1352-753: 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 ( lit.   ' of the head ' , derived via the Latin capitalis from caput , "head") refers to execution by beheading , but executions are carried out by many methods , including hanging , shooting , lethal injection , stoning , electrocution , and gassing . Crimes that are punishable by death are known as capital crimes , capital offences , or capital felonies , and vary depending on

1456-407: A means of maintaining military discipline. In the past, cowardice , absence without leave, desertion , insubordination , shirking under enemy fire and disobeying orders were often crimes punishable by death (see decimation and running the gauntlet ). One method of execution, since firearms came into common use, has also been firing squad, although some countries use execution with a single shot to

1560-418: A means of protection of the latter vis-à-vis criminals. In the last several centuries, with the emergence of modern nation states , justice came to be increasingly associated with the concept of natural and legal rights . The period saw an increase in standing police forces and permanent penitential institutions. Rational choice theory , a utilitarian approach to criminology which justifies punishment as

1664-756: A member of the Cozadini family of Phanariote and Genovese origins. Alexander received an urbane European education in Jassy , Pavia , Bologna , and Athens ; after a brief period of military service, he was also educated in Paris from 1837 to 1840. He became an officer in the Moldavian Army and rose to the rank of colonel . He married Elena Rosetti in 1844. During the Revolutions of 1848 , Moldavia and Wallachia fell into revolt. The Moldavian unrest

1768-417: A more unified system of justice which formalized the relation between the different "social classes" rather than "tribes". The earliest and most famous example is Code of Hammurabi which set the different punishment and compensation, according to the different class or group of victims and perpetrators. The Torah/Old Testament lays down the death penalty for murder, kidnapping, practicing magic, violation of

1872-484: A religious context and compensation system. Compensation was based on the principle of substitution which might include material (for example, cattle, slaves, land) compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, or transfers of property or blood money or in some case an offer of a person for execution. The person offered for execution did not have to be an original perpetrator of

1976-427: A result, tens of thousands of women were prosecuted for witchcraft and executed through the witch trials of the early modern period (between the 15th and 18th centuries). The death penalty also targeted sexual offences such as sodomy . In the early history of Islam (7th–11th centuries), there is a number of "purported (but mutually inconsistent) reports" ( athar ) regarding the punishments of sodomy ordered by some of

2080-557: A significant proportion of income to the Islamic states while conversely reducing many Christians to poverty, and these financial and social hardships forced many Christians to convert to Islam. Christians unable to pay these taxes were forced to surrender their children to the Muslim rulers as payment who would sell them as slaves to Muslim households where they were forced to convert to Islam . Many Christian martyrs were executed under

2184-569: A single Principality . The Code has been developed using several notions from the Penal Code of France and the Penal Code of Prussia . The Cuza Code included the principle of legal equality . Instead of the capital punishment , the most extreme punishment that could be legally enforced was penal labor . Cruel and unusual punishments were prohibited. Based on the Code, crimes were classified under three headings: delicts , misdemeanors and contraventions . The concept of attempted crimes

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2288-587: A six-year moratorium on executions after the Peshawar school massacre during which 132 students and 9 members of staff of the Army Public School and Degree College Peshawar were killed by Tehrik-i-Taliban Pakistan terrorists, a group distinct from the Afghan Taliban , who condemned the attack. Since then, Pakistan has executed over 400 convicts. In 2017, two major countries, Turkey and

2392-557: A solid support base among the peasants, Cuza soon found himself in conflict with the group of Conservatives . A liberal bill granting peasants title to the land they worked was defeated. Then the Conservatives responded with a bill that ended all peasant dues and responsibilities, but gave landlords title to all the land. Cuza vetoed it, then held a plebiscite to alter the Paris Convention (the virtual constitution), in

2496-457: A sovereign collectivity, identifies itself with positive or the law in force of the city. In fact, it finds its guarantee in the death penalty which threatens all those who do not respect it." Plato saw the death penalty as a means of purification, because crimes are a "defilement". Thus, in the Laws , he considered necessary the execution of the animal or the destruction of the object which caused

2600-862: A status beyond one's control, or without employing any significant due process procedures. Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment. For example, the executions following the show trials in the Soviet Union during the Great Purge of 1936–1938 were an instrument of political repression. The top 3 countries by the number of executions are China , Iran and Saudi Arabia . As of 2021, 56 countries retain capital punishment , 111 countries have completely abolished it de jure for all crimes, seven have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes), and 24 are abolitionist in practice. Although

2704-675: A substantial drain on state revenues. Cuza got his parliament's backing to expropriate these lands. During the secularization of the Antiochian Metochion in Bucharest, Cuza exiled its proistamenos the Metropolitan Ioannikios of Palmyra and arrested its hegumen Seraphim, later Metropolitan of Irenopolis in Isauria. He offered compensation to the Greek Orthodox Church , but Sophronius III ,

2808-477: A thousand cuts, was used from the close of the Tang dynasty (around 900) to its abolition in 1905. When a minister of the fifth grade or above received a death sentence the emperor might grant him a special dispensation allowing him to commit suicide in lieu of execution. Even when this privilege was not granted, the law required that the condemned minister be provided with food and ale by his keepers and transported to

2912-487: A trend toward abolishing capital punishment. Capital punishment has been completely abolished by 108 countries, a further seven have done so for all offences except under special circumstances and 26 more have abolished it in practice because they have not used it for at least 10 years and are believed to have a policy or established practice against carrying out executions. In the United States between 1972 and 1976

3016-495: Is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent man to death." He argued that executing an accused criminal on anything less than absolute certainty would lead to a slippery slope of decreasing burdens of proof , until we would be convicting merely "according to the judge's caprice". Maimonides's concern was maintaining popular respect for law, and he saw errors of commission as much more threatening than errors of omission. While during

3120-505: Is controversial, with many people, organisations, and religious groups holding differing views on whether it is ethically permissible. Amnesty International declares that the death penalty breaches human rights, specifically "the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment." These rights are protected under the Universal Declaration of Human Rights , adopted by

3224-554: Is longer, comprising 446 articles versus its predecessor's 363. Alexandru Ioan Cuza Alexandru Ioan Cuza ( pronounced [alekˈsandru iˈo̯aŋ ˈkuza] , or Alexandru Ioan I , also Anglicised as Alexander John Cuza ; 20 March 1820 – 15 May 1873) was the first domnitor (prince) of the Romanian Principalities through his double election as Prince of Moldavia on 5 January 1859 and Prince of Wallachia on 24 January 1859, which resulted in

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3328-466: Is non-existent. This form of justice was common before the emergence of an arbitration system based on state or organized religion. It may result from crime, land disputes or a code of honour. "Acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies (as well as potential allies) that injury to property, rights, or the person will not go unpunished." In most countries that practice capital punishment, it

3432-483: Is now reserved for murder, terrorism, war crimes, espionage, treason, or as part of military justice. In some countries, sexual crimes , such as rape, fornication , adultery , incest , sodomy , and bestiality carry the death penalty, as do religious crimes such as Hudud , Zina , and Qisas crimes, such as apostasy (formal renunciation of the state religion ), blasphemy , moharebeh , hirabah , Fasad , Mofsed-e-filarz and witchcraft. In many countries that use

3536-635: The Abbasid caliphs in Baghdad (most notably al-Mu'tadid ), were often cruel in their punishments. In early modern England, the Buggery Act 1533 stipulated hanging as punishment for " buggery ". James Pratt and John Smith were the last two Englishmen to be executed for sodomy in 1835. In 1636 the laws of Puritan governed Plymouth Colony included a sentence of death for sodomy and buggery. The Massachusetts Bay Colony followed in 1641. Throughout

3640-658: The Austrian ministry withheld approval of such a union at the Congress of Paris (18 October 1858); partly as a consequence, Cuza's authority was not recognized by his nominal suzerain , Abdülaziz , the Sultan of the Ottoman Empire , until 23 December 1861. Even then, the union was only accepted for the duration of Cuza's rule. The union was formally declared three years later, on 5 February 1862, (24 January Julian),

3744-527: The Cultural Revolution (1966–1976). Partly as a response to such excesses, civil rights organisations started to place increasing emphasis on the concept of human rights and an abolition of the death penalty. By continent, all European countries but one have abolished capital punishment; many Oceanian countries have abolished it; most countries in the Americas have abolished its use, while

3848-604: The Order of Medjidie , Order of Osmanieh , Order of Saints Maurice and Lazarus , and Order of the Redeemer . Although he and his wife Elena Rosetti had no children, she raised as her own children his two sons by his mistress Elena Maria Catargiu-Obrenović : Alexandru Al. Ioan Cuza (1864–1889), and Dimitrie Cuza (1865–1888 suicide ). Thus Cuza achieved a de facto union of the two principalities. The Powers backtracked, with Napoleon III of France remaining supportive, while

3952-511: The Patriarch of Constantinople , refused to negotiate; after several years, the Romanian government withdrew its offer and no compensation was ever paid. State revenues thereby increased without adding any domestic tax burden. The land reform , liberating peasants from the last corvées , freeing their movements and redistributing some land (1864), was less successful. In attempting to create

4056-960: The Philippines , saw their executives making moves to reinstate the death penalty. In the same year, passage of the law in the Philippines failed to obtain the Senate's approval. On 29 December 2021, after a 20-year moratorium, the Kazakhstan government enacted the 'On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Abolition of the Death Penalty' signed by President Kassym-Jomart Tokayev as part of series of Omnibus reformations of

4160-749: The Sabbath , blasphemy, and a wide range of sexual crimes, although evidence suggests that actual executions were exceedingly rare, if they occurred at all. A further example comes from Ancient Greece , where the Athenian legal system replacing customary oral law was first written down by Draco in about 621 BC: the death penalty was applied for a particularly wide range of crimes, though Solon later repealed Draco's code and published new laws, retaining capital punishment only for intentional homicide, and only with victim's family permission. The word draconian derives from Draco's laws. The Romans also used

4264-486: The Tang dynasty (618–907) when the death penalty was abolished. This was in the year 747, enacted by Emperor Xuanzong of Tang (r. 712–756). When abolishing the death penalty, Xuanzong ordered his officials to refer to the nearest regulation by analogy when sentencing those found guilty of crimes for which the prescribed punishment was execution. Thus, depending on the severity of the crime a punishment of severe scourging with

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4368-534: The Trei Ierarhi Cathedral in Iași after World War II. Capital punishment Note: Varies by jurisdiction Note: Varies by jurisdiction Capital punishment , also known as the death penalty and formerly called judicial homicide , is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such

4472-714: The United Nations in 1948. In the European Union (EU), Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. The Council of Europe , which has 46 member states, has worked to end the death penalty and no execution has taken place in its current member states since 1997. The United Nations General Assembly has adopted, throughout the years from 2007 to 2020, eight non-binding resolutions calling for

4576-555: The ad hoc Divan at Iași . Cuza was acting freely under the guarantees of the European Powers in the eve of the Crimean War for recognition of a Prince of Moldavia. Cuza was a prominent speaker in the debates and strongly advocated the union of Moldavia and Wallachia. In default of a foreign prince, he was nominated as a candidate in both principalities by the pro-unionist Partida Națională (profiting of an ambiguity in

4680-488: The breaking wheel , keelhauling , sawing , hanging, drawing and quartering , burning at the stake , crucifixion , flaying , slow slicing , boiling alive , impalement , mazzatello , blowing from a gun , schwedentrunk , and scaphism . Other methods which appear only in legend include the blood eagle and brazen bull . The use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that

4784-521: The early caliphs . Abu Bakr , the first caliph of the Rashidun Caliphate , apparently recommended toppling a wall on the culprit, or else burning him alive , while Ali ibn Abi Talib is said to have ordered death by stoning for one sodomite and had another thrown head-first from the top of the highest building in the town; according to Ibn Abbas , the latter punishment must be followed by stoning. Other medieval Muslim leaders, such as

4888-520: The 1848 revolution, Cuza initiated a series of reforms that contributed to the modernization of Romanian society and of state structures. His first measure addressed a need for increasing the land resources and revenues available to the state, by nationalizing monastic estates in 1863. Probably more than a quarter of Romania's farmland was controlled by untaxed Eastern Orthodox " Dedicated monasteries", which supported Greek and other foreign monks in shrines such as Mount Athos and Jerusalem, presenting

4992-611: The 19th century, U.S. states repealed death sentences from their sodomy laws, with South Carolina being the last to do so in 1873. Historians recognise that during the Early Middle Ages , the Christian populations living in the lands invaded by the Arab Muslim armies between the 7th and 10th centuries suffered religious discrimination , religious persecution , religious violence , and martyrdom multiple times at

5096-716: The Code. The Penal Code of 1936 remained unchanged in terms of complicity to crime. The 1936 penal code applied nationwide, providing for the first time a unitary legislation on the territory of Romania, replacing the Hungarian Penal Code (known as The Csemegi Code ) which had been in force in Transylvania since 1880, and the Austrian Penal Code (promulgated under Emperor Franz Josef I ) which had been in force in Bukovina since 1852. After

5200-410: The Islamic death penalty for defending their Christian faith through dramatic acts of resistance such as refusing to convert to Islam, repudiation of the Islamic religion and subsequent reconversion to Christianity , and blasphemy towards Muslim beliefs . Despite the wide use of the death penalty, calls for reform were not unknown. The 12th-century Jewish legal scholar Moses Maimonides wrote: "It

5304-527: The Kazak legal system 'Listening State' initiative. In 724 AD in Japan, the death penalty was banned during the reign of Emperor Shōmu but the abolition only lasted a few years. In 818, Emperor Saga abolished the death penalty under the influence of Shinto and it lasted until 1156. In China, the death penalty was banned by Emperor Xuanzong of Tang in 747 , replacing it with exile or scourging . However,

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5408-552: The Middle Ages the expiatory aspect of the death penalty was taken into account, this is no longer the case under the Lumières . These define the place of man within society no longer according to a divine rule, but as a contract established at birth between the citizen and the society, it is the social contract . From that moment on, capital punishment should be seen as useful to society through its dissuasive effect, but also as

5512-496: The Paris Convention"), an organic law adopted on 15 July 1864. With his new plenary powers, Cuza then promulgated the Agrarian Law of 1863. Peasants received title to the land they worked, while landlords retained ownership of one third. Where there was not enough land available to create workable farms under this formula, state lands (from the confiscated monasteries) would be used to give the landowners compensation. Despite

5616-477: The attempts by Lascăr Catargiu 's cabinet to force a transition in which some corvées were to be maintained, Cuza's reform marked the disappearance of the boyar class as a privileged group, and led to a channeling of energies into capitalism and industrialization ; at the same time, however, land distributed was still below necessities, and the problem became stringent over the following decades – as peasants reduced to destitution sold off their land or found that it

5720-653: The ban only lasted 12 years. Following his conversion to Christianity in 988, Vladimir the Great abolished the death penalty in Kievan Rus' , along with torture and mutilation; corporal punishment was also seldom used. In England, a public statement of opposition was included in The Twelve Conclusions of the Lollards , written in 1395. In the post-classical Republic of Poljica , life was ensured as

5824-631: The communist regime). He founded the University of Iași (1860) and the University of Bucharest (1864), and helped develop a modern, European-style Romanian Army, under a working relationship with France. He is the founder of the Romanian Naval Forces. Cuza failed in his effort to create an alliance of prosperous peasants and a strong liberal prince, ruling as a benevolent authoritarian in the style of Napoleon III. Having to rely on

5928-400: The communists came into power, they made several changes to the Code, in accordance with communist ideology, but the Code remained in force until January 1, 1969, when the new Ceaușescu Penal Code replaced it. The Penal Code of 1969 has been developed under Nicolae Ceaușescu and in accordance to Marxist ideals. Capital punishment was a lawful punishment. Parasitism has been introduced as

6032-475: The crime because the social system was based on tribes and clans, not individuals. Blood feuds could be regulated at meetings, such as the Norsemen things . Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts (for example, trial by combat or blood money). One of the more modern refinements of the blood feud is the duel . In certain parts of

6136-471: The crime committed. It inspired Western criminal law until the 17th century, a time when the first reflections on the abolition of the death penalty appeared. The Twelve Tables , the body of laws handed down from archaic Rome, prescribe the death penalty for a variety of crimes including libel, arson and theft. During the Late Republic , there was consensus among the public and legislators to reduce

6240-429: The death of a man by accident. For the murderers, he considered that the act of homicide is not natural and is not fully consented by the criminal. Homicide is thus a disease of the soul , which must be reeducated as much as possible, and, as a last resort, sentence to death if no rehabilitation is possible. According to Aristotle , for whom free will is proper to man, a person is responsible for their actions. If there

6344-453: The death penalty , drug trafficking and often drug possession is also a capital offence. In China, human trafficking and serious cases of corruption and financial crimes are punished by the death penalty. In militaries around the world, courts-martial have imposed death sentences for offences such as cowardice, desertion , insubordination , and mutiny . Elaborations of tribal arbitration of feuds included peace settlements often done in

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6448-448: The death penalty for a wide range of offences. Protagoras (whose thought is reported by Plato ) criticised the principle of revenge, because once the damage is done it cannot be cancelled by any action. So, if the death penalty is to be imposed by society, it is only to protect the latter against the criminal or for a dissuasive purpose. "The only right that Protagoras knows is therefore human right, which, established and sanctioned by

6552-577: The death penalty was a part of their justice system. Communal punishments for wrongdoing generally included blood money compensation by the wrongdoer, corporal punishment, shunning , banishment and execution. In tribal societies, compensation and shunning were often considered enough as a form of justice. The response to crimes committed by neighbouring tribes, clans or communities included a formal apology, compensation, blood feuds, and tribal warfare . A blood feud or vendetta occurs when arbitration between families or tribes fails, or an arbitration system

6656-753: The death penalty was abolished in 1867. The last execution in Brazil was 1876; from then on all the condemnations were commuted by the Emperor Pedro II until its abolition for civil offences and military offences in peacetime in 1891. The penalty for crimes committed in peacetime was then reinstated and abolished again twice (1938–1953 and 1969–1978), but on those occasions it was restricted to acts of terrorism or subversion considered "internal warfare" and all sentences were commuted and not carried out. Many countries have abolished capital punishment either in law or in practice. Since World War II , there has been

6760-434: The death penalty was declared unconstitutional based on the Furman v. Georgia case, but the 1976 Gregg v. Georgia case once again permitted the death penalty under certain circumstances. Further limitations were placed on the death penalty in Atkins v. Virginia (2002; death penalty unconstitutional for people with an intellectual disability ) and Roper v. Simmons (2005; death penalty unconstitutional if defendant

6864-403: The death penalty. In abolitionist countries, the debate is sometimes revived by particularly brutal murders, though few countries have brought it back after abolishing it. However, a spike in serious, violent crimes, such as murders or terrorist attacks, has prompted some countries to effectively end the moratorium on the death penalty. One notable example is Pakistan which in December 2014 lifted

6968-411: The development of modern prison systems, the death penalty was also used as a generalised form of punishment for even minor offences. In early modern Europe, a mass panic regarding witchcraft swept across Europe and later the European colonies in North America . During this period, there were widespread claims that malevolent Satanic witches were operating as an organised threat to Christendom . As

7072-451: The difficult transition period. A new Penal Code (Law no. 286/2009) came into force on 1 February 2014, together with a new Penal Procedure Code . According to official explanatory notes released prior to its implementation, the new legislation aimed to simplify and accelerate criminal proceedings, eliminate overlaps between Penal Code provisions and those contained in special laws, transpose European regulations into national law and ensure

7176-409: The earliest being Michigan , where it was abolished in 1846, while other states still actively use it today. The death penalty in the United States remains a contentious issue which is hotly debated . In retentionist countries, the debate is sometimes revived when a miscarriage of justice has occurred though this tends to cause legislative efforts to improve the judicial process rather than to abolish

7280-435: The execution ground in a cart rather than having to walk there. Nearly all executions under the Tang dynasty took place in public as a warning to the population. The heads of the executed were displayed on poles or spears. When local authorities decapitated a convicted criminal, the head was boxed and sent to the capital as proof of identity and that the execution had taken place. In medieval and early modern Europe, before

7384-522: The grave intact. Some further forms of capital punishment were practiced in the Tang dynasty, of which the first two that follow at least were extralegal. The first of these was scourging to death with the thick rod which was common throughout the Tang dynasty especially in cases of gross corruption. The second was truncation, in which the convicted person was cut in two at the waist with a fodder knife and then left to bleed to death. A further form of execution called Ling Chi ( slow slicing ), or death by/of

7488-487: The hands of Arab Muslim officials and rulers. As People of the Book , Christians under Muslim rule were subjected to dhimmi status (along with Jews , Samaritans , Gnostics , Mandeans , and Zoroastrians), which was inferior to the status of Muslims. Christians and other religious minorities thus faced religious discrimination and religious persecution in that they were banned from proselytising (for Christians, it

7592-454: The head or neck. Various authoritarian states employed the death penalty as a potent means of political oppression . Anti-Soviet author Robert Conquest claimed that more than one million Soviet citizens were executed during the Great Purge of 1936 to 1938, almost all by a bullet to the back of the head. Mao Zedong publicly stated that "800,000" people had been executed in China during

7696-533: The incidence of capital punishment. This opinion led to voluntary exile being prescribed in place of the death penalty, whereby a convict could either choose to leave in exile or face execution. A historic debate, followed by a vote, took place in the Roman Senate to decide the fate of Catiline 's allies when he attempted to seize power in December, 63 BC. Cicero, then Roman consul , argued in support of

7800-410: The incidence of increased violent criminality at the times and places of executions. Official recognition of this phenomenon led to executions being carried out inside prisons, away from public view. In England in the 18th century, when there was no police force, Parliament drastically increased the number of capital offences to more than 200. These were mainly property offences, for example cutting down

7904-478: The injustice, but even the futility from the point of view of social welfare , of torture and the death penalty. Influenced by the book, Grand Duke Leopold II of Habsburg, the future emperor of the Holy Roman Empire , abolished the death penalty in the then-independent Grand Duchy of Tuscany , the first abolition in modern times. On 30 November 1786, after having de facto blocked executions (the last

8008-620: The island was independent) was the first legislative assembly in the world to abolish the death penalty in 1824. Tahiti commuted the death penalty to banishment. In the United States, Michigan was the first state to ban the death penalty, on 18 May 1846. The short-lived revolutionary Roman Republic banned capital punishment in 1849. Venezuela followed suit and abolished the death penalty in 1863 and San Marino did so in 1865. The last execution in San Marino had taken place in 1468. In Portugal, after legislative proposals in 1852 and 1863,

8112-711: The jurisdiction, but commonly include serious crimes against a person, such as murder , assassination , mass murder , child murder , aggravated rape , terrorism , aircraft hijacking , war crimes , crimes against humanity , and genocide , along with crimes against the state such as attempting to overthrow government , treason , espionage , sedition , and piracy . 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. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for

8216-401: The killing of conspirators without judgment by decision of the Senate ( Senatus consultum ultimum ) and was supported by the majority of senators; among the minority voices opposed to the execution, the most notable was Julius Caesar . The custom was different for foreigners who did not hold rights as Roman citizens , and especially for slaves, who were transferrable property. Crucifixion

8320-463: The majority of countries have abolished capital punishment, over half of the world's population live in countries where the death penalty is retained, including India, the U.S., Indonesia, Pakistan, Bangladesh, Japan, Vietnam, Egypt, Nigeria, Ethiopia and DR Congo. As of 2023, only 2 out of 38 OECD member countries (the United States and Japan ) allow capital punishment. Capital punishment

8424-511: The manner of Napoleon III. His plan to establish universal manhood suffrage , together with the power of the Domnitor to rule by decree, passed by a vote of 682,621 to 1,307. This was an imperfect solution, still catering to the wealthy, and would be added onto with a constitution revision in 1866 after his abdication. He consequently governed the country under the provisions of Statutul dezvoltător al Convenției de la Paris ("Statute expanding

8528-586: The most part landowners and business owners. On 22 February 1866, he was forced to abdicate and leave the country. Today, he is often considered one of the founders of the modern Romanian state and a national hero of Romania. Born in Bârlad , Cuza belonged to the traditional boyar class in Moldavia, the son of Ispravnic Ioan Cuza (who was also a landowner in Fălciu County ) and his wife Sultana (or Soltana),

8632-503: The new country bearing the name of Romania, with Bucharest as its capital city. Cuza invested his diplomatic actions in gaining further concessions from the Powers: the sultan's assent to a single unified parliament and cabinet for Cuza's lifetime, in recognition of the complexity of the task. Thus, he was regarded as the political embodiment of a unified Romania. Assisted by his councilor Mihail Kogălniceanu , an intellectual leader of

8736-544: The observance of human rights provisions contained by the Constitution and various international treaties signed by Romania. In this context, the code redefined the concept of criminal offences, adjusted prison sentences, amended the mechanisms by which criminal fines are calculated, eliminated prison sentences for juvenile offenders (replacing them with educational measures) and introduced new offences against persons, property, justice and professional conduct. Prostitution

8840-431: The so-called " monstrous coalition " of Conservatives and Liberals. At four o'clock on the morning of 11 February 1866, a group of military conspirators broke into the palace, and compelled the prince to sign his abdication. On the following day they conducted him safely across the border. His successor, Prince Karl of Hohenzollern-Sigmaringen , was proclaimed Domnitor as Carol I of Romania on 20 April 1866. The election of

8944-415: The suzerain Ottoman Empire and achieved constitutional and administrative unity between Moldavia and Wallachia in 1862, when the Romanian Principalities officially adopted the name Romanian United Principalities with a single capital at Bucharest , a single national assembly and a single government . Alexandru's reform policies alienated a large coalition of conservatives and radical liberals, for

9048-563: The text of the Treaty of Paris ). Cuza was finally elected as Prince of Moldavia on 17 January 1859 (5 January Julian ) and, after "street pressure" changed the vote in Bucharest , also Prince of Wallachia, on 5 February 1859 (24 January Julian), effectively uniting both principalities . He received the firman from the Sultan on 2 December 1861 during a visit to Istanbul. He was a recipient of

9152-600: The then emperor of the Holy Roman Empire, abolished in his immediate lands in 1787 capital punishment, which though only lasted until 1795, after both had died and Leopolds son Francis abolished it in his immediate lands. In Tuscany it was reintroduced in 1790 after Leopolds departure becoming emperor. Only after 1831 capital punishment was again at times stopped, though it took until 2007 to abolish capital punishment in Italy completely. The Kingdom of Tahiti (when

9256-470: The thick rod or of exile to the remote Lingnan region might take the place of capital punishment. However, the death penalty was restored only 12 years later in 759 in response to the An Lushan Rebellion . At this time in the Tang dynasty only the emperor had the authority to sentence criminals to execution. Under Xuanzong capital punishment was relatively infrequent, with only 24 executions in

9360-478: The unification of the two states . He was a prominent figure of the Moldavian Revolution of 1848 . Following his double election, he initiated a series of reforms that contributed to the modernization of Romanian society and of state structures. As ruler of the Romanian Principalities , he supported a political and diplomatic activity for the recognition of the union of Moldavia and Wallachia by

9464-430: The world, nations in the form of ancient republics, monarchies or tribal oligarchies emerged. These nations were often united by common linguistic, religious or family ties. Moreover, expansion of these nations often occurred by conquest of neighbouring tribes or nations. Consequently, various classes of royalty, nobility, various commoners and slaves emerged. Accordingly, the systems of tribal arbitration were submerged into

9568-423: The year 730 and 58 executions in the year 736. The two most common forms of execution in the Tang dynasty were strangulation and decapitation, which were the prescribed methods of execution for 144 and 89 offences respectively. Strangulation was the prescribed sentence for lodging an accusation against one's parents or grandparents with a magistrate, scheming to kidnap a person and sell them into slavery and opening

9672-413: Was a crime, a judge must define the penalty allowing the crime to be annulled by compensating it. This is how pecuniary compensation appeared for criminals the least recalcitrant and whose rehabilitation is deemed possible. However, for others, he argued, the death penalty is necessary. This philosophy aims on the one hand to protect society and on the other hand to compensate to cancel the consequences of

9776-519: Was a form of punishment first employed by the Romans against slaves who rebelled , and throughout the Republican era was reserved for slaves , bandits , and traitors . Intended to be a punishment, a humiliation, and a deterrent, the condemned could take up to a few days to die. Corpses of the crucified were typically left on the crosses to decompose and to be eaten by animals. There was a time in

9880-414: Was also republished in 1997. In post-communist Romania, reforms to the 1969 criminal code have gone in several directions. On one hand, several offenses were decriminalized, as they were seen as outdated, or otherwise inappropriate for a democratic society. On the other hand, the punishments for several violent offences against the person have become more severe, due to societal concern about violence during

9984-406: Was decriminalized. The code is divided into a General Part and a Special Part. The former contains general provisions on offences, penalties, criminal liability, the status of minors, security measures, and prescription, while the latter regulates individual offences, which are grouped into twelve titles, plus an additional title comprising final provisions. Compared to the Code of 1969, the new code

10088-567: Was forbidden to evangelise or spread Christianity ) in the lands invaded by the Arab Muslims on pain of death, they were banned from bearing arms, undertaking certain professions, and were obligated to dress differently in order to distinguish themselves from Arabs. Under sharia , Non-Muslims were obligated to pay jizya and kharaj taxes, together with periodic heavy ransom levied upon Christian communities by Muslim rulers in order to fund military campaigns, all of which contributed

10192-424: Was in 1769), Leopold promulgated the reform of the penal code that abolished the death penalty and ordered the destruction of all the instruments for capital execution in his land. In 2000, Tuscany's regional authorities instituted an annual holiday on 30 November to commemorate the event. The event is commemorated on this day by 300 cities around the world celebrating Cities for Life Day . Leopolds brother Joseph ,

10296-596: Was insufficient for the needs of their growing families. Cuza's reforms also included the adoption of the Criminal Code and the Civil Code based on the Napoleonic code (1864), a Law on Education, establishing tuition-free, compulsory public education for primary schools (1864; the system, nonetheless, suffered from drastic shortages in allocated funds; illiteracy was eradicated about 100 years later, during

10400-472: Was introduced in order to standardize the many changes in the legal system that have arisen as a result of the Union of 1918 . The new Code was heavily updated; the presumption of innocence was expressly mentioned. The sentence was defined as being given in order to punish the crime, not the person committing it. The concept of individual punishments (as opposed to collective punishment ) has been introduced in

10504-504: Was not mentioned throughout the code; attempting to commit a crime was punished just as harshly as if the crime happened. The accomplice was to receive the same punishment as the author of the crime. The Code did not criminalize prostitution. Cannabis consumption was not a punishable offense. The Penal Code of 1865 marked the beginning of unitary penal law in Romania. The Penal Code of 1936 (also known as The Penal Code of Carol II )

10608-477: Was quickly suppressed, but in Wallachia the revolutionaries took power and governed during the summer. Young Cuza played a prominent enough part to establish his liberal credentials . He was shipped to Vienna as a prisoner, where he made his escape with British support. Returning during the reign of Prince Grigore Alexandru Ghica , he became Moldavia's minister of war in 1858; he also represented Galați in

10712-514: Was replaced with life imprisonment , as the post-Communist Constitution of Romania outlaws the death penalty. Many changes were made to the Ceauşescu Code in the 1990 - 2014 period, in order to rid it of communist ideology and modernize it, including with regard to domestic violence and the framework of the sexual offenses chapter, with changes including the decriminalization of parasitism , adultery and homosexual relationships The Code

10816-505: Was under age 18 at the time the crime was committed). In the United States, 23 of the 50 states and Washington, D.C. ban capital punishment. In the United Kingdom, it was abolished for murder (leaving only treason, piracy with violence , arson in royal dockyards and a number of wartime military offences as capital crimes) for a five-year experiment in 1965 and permanently in 1969, the last execution having taken place in 1964. It

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