Capital Punishment Based On Professor Mittermaiers Todesstrafe

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In the National Assembly of 1840 the motion for abolition was earned. 2 Capital Punishment is threatened in paragraphs 61 and 62 (high treason) ; 67-60 (treason); 74 (assaults on the sovereign); 175 (murder); 176-179 (two kinds of manslaughter); 285, 290, 294, 302, 303, 304 (dangerous crimes when a person is killed). 62 CAPITAL PUNISHMENT. [CHAP. IV. Sentence of death even against youthful criminals so soon as they have passed the sixteenth year of their age. The term high treason is used in an... extended sense. Death is hesides threatened in eight cases of treason and (in reprehensible imitation of the French Code) in two cases of manslaughter. In the AUSTRIAN Penal Code of 1852, Capital Punishment is threatened in much fewer cases than in the Code of 1803, hut the menace is still hy far too frequent. In the courts of justice, however, death is nevertheless not so frequently inflicted as in other countries the law exempting the cases which are founded on circumstantial evidence, as well as those in which the criminal is under twenty-one years of age.

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