Capital punishment in Nepal: Difference between revisions
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The Types of Punishment that has replaced Capital Punishment in Nepal |
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[[File:Nepal (orthographic projection).svg|thumb|150 px|[[Nepal]] on the map]] |
[[File:Nepal (orthographic projection).svg|thumb|150 px|[[Nepal]] on the map]] |
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'''Capital punishment in Nepal''' has been abolished.<ref>{{cite web|url=https://www.amnesty.org/en/death-penalty/abolitionist-and-retentionist-countries |title=Death Penalty | Amnesty International |publisher=Amnesty.org |date=2014-03-15 |access-date=2015-03-29}}</ref> |
'''Capital punishment in Nepal''' has been abolished.<ref>{{cite web|url=https://www.amnesty.org/en/death-penalty/abolitionist-and-retentionist-countries |title=Death Penalty | Amnesty International |publisher=Amnesty.org |date=2014-03-15 |access-date=2015-03-29}}</ref> |
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For crimes under the country's common law, capital punishment was abolished by legal reform in 1946. It was later reinstated for murder and terrorism in 1985.<ref>{{cite web | url=https://kathmandupost.com/opinion/2018/05/04/down-with-the-death-penalty | title=Down with the death penalty }}</ref> Full abolition by constitutional amendment came into force on 9 November 1991. |
For crimes under the country's common law, capital punishment was abolished by legal reform in 1946. It was later reinstated for murder and terrorism in 1985.<ref>{{cite web | url=https://kathmandupost.com/opinion/2018/05/04/down-with-the-death-penalty | title=Down with the death penalty }}</ref> Full abolition by constitutional amendment came into force on 9 November 1991. |
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Article 12 of the Constitution of the Kingdom of Nepal (1990) states:<ref name="handsoffcain1">{{cite web|url=http://www.handsoffcain.info/bancadati/schedastato.php?idcontinente=8&nome=nepal |title=HANDS OFF CAIN against death penalty in the world |publisher=Handsoffcain.info |access-date=2015-03-29}}</ref> "No law shall be made which provides for capital punishment." |
Article 12 of the Constitution of the Kingdom of Nepal (1990) states:<ref name="handsoffcain1">{{cite web|url=http://www.handsoffcain.info/bancadati/schedastato.php?idcontinente=8&nome=nepal |title=HANDS OFF CAIN against death penalty in the world |publisher=Handsoffcain.info |access-date=2015-03-29}}</ref> "No law shall be made which provides for capital punishment." |
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The last execution in Nepal took place in 1979.<ref name="handsoffcain1"/> The National Penal Code, 2017 (2074) has set out the types of punishment permissible in Nepal: Imprisonment for Life, Imprisonment, Fine, Imprisonment and Fine, Compensation, Imprisonment for the failure to pay a fine or compensation, and Community Service in lieu of imprisonment.<ref>{{Cite web |date=2024-08-07 |title=Best Criminal Lawyer in Nepal । 20 Years Experienced Lawyers |url=https://primelawnepal.com/criminal-law-firm-in-nepal/ |access-date=2024-09-03 |language=en-US}}</ref> |
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The last execution in Nepal took place in 1979.<ref name="handsoffcain1"/> |
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== Reasons for abolition == |
== Reasons for abolition == |
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According to a study by [[Cornell Law School]],<ref>{{cite web|title=Pathways to Abolition of Death Penalty|url=https://www.deathpenaltyworldwide.org/pdf/Pathways%20to%20Abolition%20Death%20Penalty%20Worldwide%202016-07%20FINAL.pdf|website=www.deathpenaltyworldwide.org|publisher=Cornell Law School|access-date=10 October 2017|language=en|archive-date=25 October 2017|archive-url=https://web.archive.org/web/20171025175238/http://www.deathpenaltyworldwide.org/pdf/Pathways%20to%20Abolition%20Death%20Penalty%20Worldwide%202016-07%20FINAL.pdf|url-status=dead}}</ref> one of the key factors leading to the abolition was a 15-year period of monitored experimental abolition, which involved a moratorium on executions for common law offenses, during which crime rates remained stable, reassuring the public and paving the way for abolition for ordinary crimes in 1946. |
According to a study by [[Cornell Law School]],<ref>{{cite web|title=Pathways to Abolition of Death Penalty|url=https://www.deathpenaltyworldwide.org/pdf/Pathways%20to%20Abolition%20Death%20Penalty%20Worldwide%202016-07%20FINAL.pdf|website=www.deathpenaltyworldwide.org|publisher=Cornell Law School|access-date=10 October 2017|language=en|archive-date=25 October 2017|archive-url=https://web.archive.org/web/20171025175238/http://www.deathpenaltyworldwide.org/pdf/Pathways%20to%20Abolition%20Death%20Penalty%20Worldwide%202016-07%20FINAL.pdf|url-status=dead}}</ref> one of the key factors leading to the abolition was a 15-year period of monitored experimental abolition, which involved a moratorium on executions for common law offenses, during which crime rates remained stable, reassuring the public and the policy makers and paving the way for abolition for ordinary crimes in 1946. |
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The study also notes that the transition to a multi-party constitutional monarchy, in 1990, "provided a propitious context for abolition", seen as part of a broad program of human rights reform aimed at breaking with the past. |
The study also notes that the transition to a multi-party constitutional monarchy, in 1990, "provided a propitious context for abolition", seen as part of a broad program of human rights reform aimed at breaking with the past. |
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==References== |
==References== |
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Latest revision as of 08:43, 3 September 2024
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Capital punishment in Nepal has been abolished.[1]
For crimes under the country's common law, capital punishment was abolished by legal reform in 1946. It was later reinstated for murder and terrorism in 1985.[2] Full abolition by constitutional amendment came into force on 9 November 1991.
Article 12 of the Constitution of the Kingdom of Nepal (1990) states:[3] "No law shall be made which provides for capital punishment."
The last execution in Nepal took place in 1979.[3] The National Penal Code, 2017 (2074) has set out the types of punishment permissible in Nepal: Imprisonment for Life, Imprisonment, Fine, Imprisonment and Fine, Compensation, Imprisonment for the failure to pay a fine or compensation, and Community Service in lieu of imprisonment.[4]
Reasons for abolition
[edit]According to a study by Cornell Law School,[5] one of the key factors leading to the abolition was a 15-year period of monitored experimental abolition, which involved a moratorium on executions for common law offenses, during which crime rates remained stable, reassuring the public and the policy makers and paving the way for abolition for ordinary crimes in 1946.
The study also notes that the transition to a multi-party constitutional monarchy, in 1990, "provided a propitious context for abolition", seen as part of a broad program of human rights reform aimed at breaking with the past.
References
[edit]- ^ "Death Penalty | Amnesty International". Amnesty.org. 2014-03-15. Retrieved 2015-03-29.
- ^ "Down with the death penalty".
- ^ a b "HANDS OFF CAIN against death penalty in the world". Handsoffcain.info. Retrieved 2015-03-29.
- ^ "Best Criminal Lawyer in Nepal । 20 Years Experienced Lawyers". 2024-08-07. Retrieved 2024-09-03.
- ^ "Pathways to Abolition of Death Penalty" (PDF). www.deathpenaltyworldwide.org. Cornell Law School. Archived from the original (PDF) on 25 October 2017. Retrieved 10 October 2017.
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