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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Death Penalty

Chen Siyuan, Sui Yi Siong

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Justice — Criminal penalties — Habeas corpus — Death penalty — Fair hearing and fair trial

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1. The death penalty, otherwise known as capital punishment, refers to the punishment of death upon the judicial conviction of an offence. Offences punishable by the death penalty are commonly known as capital offences. Examples of capital offences include murder, drug-trafficking, and terrorism. Depending on the legislation in question, the death penalty may be mandatory for certain offences, regardless of mitigating circumstances or the gravity of the crime; conversely, the court may have some discretion to sentence the convicted person to an imprisonment term...
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