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
Central African Republic
Papua New Guinea
Countries which retain the death penalty for ordinary crimes
Antigua and Barbuda
Congo (Democratic Republic)
Countries whose laws provide for the death penalty only for exceptional crimes such as crimes under military law or crimes committed in exceptional circumstances
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.