There are 100 countries that retain the death penalty:

· 35 of these retain the penalty for ordinary crimes but are considered abolitionist in practice
· 58 retain the death penalty for ordinary crimes
· 7 have laws that allow the death penalty for crimes under military law or crimes committed under exceptional circumstances

Countries that have retained the death penalty for ordinary crimes (such as murder) can be considered abolitionist in practice in that they have not executed anyone during the past ten years and are believed to have a policy or established practice of not carrying out executions.

Countries which retain the death penalty for ordinary crimes but are considered abolitionist in practice

Algeria
Benin
Brunei Darussalam
Burkina Faso
Cameroon
Central African Republic
Congo (Republic)
Eritrea
Ghana
Grenada
Kenya
Korea (South)

Laos
Liberia
Madagascar
Malawi
Maldives
Mali
Mauritania
Mongolia
Morocco
Myanmar
Nauru
Niger

Papua New Guinea
Russian Federation
Sierra Leone
Sri Lanka
Suriname
Swaziland
Tajikistan
Tanzania
Tonga
Tunisia
Zambia

Total: 35

Countries which retain the death penalty for ordinary crimes

Afghanistan
Antigua and Barbuda
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belize
Botswana
Chad
China
Comoros
Congo (Democratic Republic)
Cuba
Dominica
Egypt
Equatorial Guinea
Ethiopia

Gambia
Guatemala
Guinea
Guyana
India
Indonesia
Iran
Iraq
Jamaica
Japan
Jordan
Korea (North)
Kuwait
Lebanon
Lesotho
Libya
Malaysia
Nigeria
Oman
Pakistan

Palestinian Authority
Qatar
Saint Kitts & Nevis
Saint Lucia
Saint Vincent & Grenadines
Saudi Arabia
Singapore
Somalia
South Sudan
Syria
Taiwan
Thailand
Trinidad and Tobago
Uganda
United Arab Emirates
United States of America
Vietnam
Yemen
Zimbabwe

Total: 58

Countries whose laws provide for the death penalty only for exceptional crimes such as crimes under military law or crimes committed in exceptional circumstances

Brazil
Chile
El Savador
Fiji
Israel
Kazakhstan
Peru

Total: 7

How can Nyman Gibson Miralis help you?

Nyman Gibson Miralis has expertise in transnational criminal law matters where the sharing of information between Australian authorities and foreign law enforcement agencies may exposes persons to the death penalty, double jeopardy, multiple criminal proceedings and  asset forfeiture in several jurisdictions all at once.

The potential for this to occur is increasing as there are very few protective protocols and policies in place regulating how the States and Commonwealth should treat and respond to such requests or pursuant to what powers and regulations they should share information with foreign law enforcement and on what conditions.

The lack of clarity and regulatory oversight has the potential to severely undermine  the fair trial principles underpinning the criminal justice process including breaching procedural fairness, depriving persons of the ability to properly prepare their defence  and in some instances “jurisdictional shopping”, so that person are tried in a jurisdiction where the penalties may be most severe.

Nyman Gibson Miralis has developed expertise in working internationally to protect the rights of those who are exposed to punishment both in Australia and other jurisdictions and are able to advise on the most appropriate legal strategy to ensure that due process is followed in accordance with the rule of law, including the observance of human rights.

Transnational/international criminal law is complex and requires the assistance of lawyers skilled both in its practice and procedure and unique dynamics.

Nyman Gibson Miralis is Australia’s leading transnational/international criminal law firm.