DEATH PENALTY IN CURRENT SPANISH-AMERICAN LAW (FROM PENA DE MUERTE - 6 RESPUESTAS, 1975 BY BARBERO SANTOS, M ET AL)

• NCJ Number: 46777
• Author(s): I BERDUGO G DE LA TORRE
• Date Published: 1975
• Length: 43 pages
• Corporate Author: Universidad de Valladolid
• Publication Format: Document
• Language: Spanish
• Country: Spain

Annotation

THE STATUS OF THE DEATH PENALTY IN THE PENAL CODES OF SELECTED LATIN AMERICAN COUNTRIES IS CONSIDERED. COUNTRIES IMPOSING AND OPPOSING THE EXECUTION OF OFFENDERS ARE NOTED.

Abstract

A DETAILED EXAMINATION OF THE VARIOUS LAWS, STATUTES, AND CONSTITUTIONS OF SOME 20 LATIN AMERICAN COUNTRIES REVEALS THAT THE TREND IS TOWARD ABOLISHING THE USE OF CAPITAL PUNISHMENT IN THE REGION. TEN COUNTRIES HAVE OMITTED THE DEATH PENALTY FROM THEIR LISTS OF AUTHORIZED PUNISHMENTS, NINE STILL MAINTAIN IT, AND ONE, MEXICO, STILL HAS IT IN SOME OF ITS STATES. HOWEVER, COUNTRIES WITH LARGER POPULATIONS AND CULTURAL IMPACT, SUCH AS BRAZIL, ARGENTINA, VENEZUELA, AND MANY OF THE MEXICAN STATES, FAVOR ABOLITION. FOR THOSE STATES ALLOWING CAPITAL PUNISHMENT, CRIMES RECEIVING THE DEATH PENALTY VARY ALONG WITH EXECUTION SCHEDULES AND EXCEPTIONS. DEPENDING ON THE COUNTRY, CRIMES AS DIVERSE AS ARSON, PARRICIDE, ROBBERY, COUNTERFEITING, KIDNAPING, AND RECIDIVISM ARE CONSIDERED DESERVING OF DEATH. HOWEVER, FEW DIFFERENCES EXIST WITH REGARD TO SCHEDULING EXECUTION; IN THE NINE COUNTRIES USING CAPITAL PUNISHMENT, EXECUTION MUST BE CARRIED OUT WITH 24 TO 72 HOURS FOLLOWING SENTENCING EXCEPT IN THE EVENT OF A FEW EXCEPTIONS (E.G., PREGNANCY, MENTAL ILLNESS, AND NATIONAL HOLIDAYS). THE ALTERNATIVE PUNISHMENT APPLIED IN COUNTRIES FAVORING ABOLITION IS LIFE IMPRISONMENT, WHICH, DEPENDING AGAIN ON THE COUNTRY INVOLVED, MEANS MAXIMUM TERMS RANGING FROM 16 TO 40 YEARS. IN SPANISH. (KBL)