MINISTERUL EDUCAŢIEI NAŢIONALE

UNIVERSTITATEA „1 DECEMBRIE 1918” DIN ALBA IULIA

FACULTATEA DE DREPT ŞI ŞTIINŢE SOCIALE
MASTERAT: ASISTENŢĂ MANAGERIALĂ ÎN SECTOARELE PUBLIC ŞI PRIVAT

DEATH PENALTY

Prof. Coordonator:
Asist. univ. dr. Muntean Natalia Gloria
Masterand:
Petru Sorin Bucea

Alba Iulia
2018
 Death penalty
First mentioned about death penalty was made by B.C., in eighteenth century, and is
found in Code of King Hammurabi of Babylon. Here, this punishment is received for over
twenty different offenses.
In Britani, in tenth century, hanging became the usual method od execution. In 1700
years, in Britain, over two hundred crimes were punishable by death.
In North America, death penalty was influenced by European practices. First case od
death penalty in United States was that of Captain George Kendall in the Jamestrown colony of
Virginia in 1608.
First abolition movement is noticed in writings of European social theorists Montesquieu,
Voltaire, and Bentham, and English Quakers John Bellers and John Howard. The main idea of
this movement was that punishment was not a true deterrent.
In the early to mid-nineteenth century Unitated States, the abolitionist movement gained
support in the northeast.
In the early 1960s, it was suggested that the death penalty was a cruel and unsual
punishment and, there-fore, unconstitutional under de Eight Amendment. Laws in many states,
the federal government has also employed capital punishment for certain federal offense, such
as murder of a government official, kidnapping resulting in death, running a large-scale drug
enterprise, and treason.
In April 1999, the United Nations Human rights Commissions passed the Resolution
Supporting Worldwide Moratorium on Executions. The resolution calls on countries which
have not abolished the death Penalty to restrict the use of death penalty, including not imposing
it on juvenile offenders and limiting the number of offenses for which it can be imposed. Ten
countries, including The United States, China, Pakistan, Rwanda, and Sudan voted against the
resolution.
In 2001, 38 of the fifty states in United States allow the death penalty. Tha states permit
executions by the followings means:
Alabama: electrocution; Arizona: gas chamber, lethal injection; Arkansas: electrocution,
lethal injection; California: gas chamber, lethal injection; Colorado: lethal injection; Delaware:
lethal injection; Florida: electrocution; Georgia: electrocution; Idaho: firing squad, lethal
injection; Illinois: lethal injection; Indiana: electrocution; Kansas: lethal injection; Kentucky:
electrocution; Louisiana: lethal injection; Maryland: gas chamber; Mississippi: gas chamber,
lethal injection; Missouri: lethal injection; Montana: hanging, lethal injection; Nebraska:
electrocution; Nevada: lethal injection; New Hampshire: lethal injection; New Jersey: lethal
injection; New Mexico: lethal injection; New York: lethal injection; North Carolina: gas
chamber, lethal injection; Ohio: electrocution, lethal injection; Oklahoma: lethal injection;
Oregon: lethal injection; Pennsylvania: lethal injection; Rhode Island: electrocution; South
Carolina: electrocution; South Dakota: lethal injection; Tennessee: electrocution; Texas: lethal
injection; Utah: firing squad, lethal injection; Virginia: electrocution, lethal injection;
Washington: hanging, lethal injection; Wyoming: lethal injection;
Tudorel Toader had a meeting with Malaysian General Prosecutor, the two officials
stressing the need for cooperation between Romania and Malaysia in legal terms, given the lack
of the bilateral legal framework in the field so far.
To establish the basis for this cooperation, the two officials signed the Memorandum of
Understanding between the Government of Romania and the Government of Malaysia on legal
cooperation activities.
The Memorandum provides for various forms of cooperation, such as: exchange of
legislation, experience and best practices on topics of mutual interest, mutual visits of
representatives from various judicial institutions, promotion of judicial cooperation programs
and projects.
By signing this bilateral cooperation instrument, the negotiation of treaties governing
judicial co-operation in criminal matters, namely judicial assistance and extradition, is to be
stepped up. In order to finalize the treaties, a meeting at expert level in Romania was agreed,
followed by the visit of Malaysian General Prosecutor to Bucharest in May 2018.
The meeting with the Bentong prison management took place at the Pahang state
penitentiary. Discussions have been carried out, especially, on the specific problems of the
penitentiary system in the two states. In Bentong Prison, Ionuţ Alexandru Gologan, 25 years
old, arrested in 2012 and sentenced to the death penalty for drug trafficking. The Romanian
delegation held talks with the convicted Romanian citizen, expressing the support in the
realization of the legitimate interests, observing the legislation of the two states, in the legal
framework initiated by signing the Memorandum, the communiqué said. On January 26, 2016,
the Federal Court of Justice of Malaysia confirmed the capital punishment for Ionut Gologan by
a final decision. The lawyers of the Romanian citizen were to submit a petition for pardon to
the sultan of the Malaysian state, informed the Romanian MFA, who stated that the sentence
could not be enforced until the pardon request, which could be lasting, was solved. The MAE
also noted that Malaysian law on capital punishment for drug trafficking is under review and
Malaysian authorities have officially notified that they have administratively blocked
executions for drug-dying people for law enforcement to review the law.
In 2013, the Romanian Ministry of Justice sent the Malaysian side that it is interested in
negotiating the conclusion of treaties with the Asian state regulating judicial cooperation in
criminal matters, especially with regard to the transfer of convicted persons.

The main points of this research can be synthesized in:

1. The first mention of the death penalty we owe in Code of King Hammurabi of
Babylon.
2. First abolition movement is noticed in writings of European social theorists
Montesquieu, Voltaire, and Bentham, and English Quakers John Bellers and John
Howard. The main idea of this movement was that punishment was not a true
deterrent.
3. the main method by which the death penalty is applied is the lethal injection followed closely
by electrocution and gas chamber.