Section 3 Perpetrator
Chapter 1 Penal Responsibility and its Obstacles
Part 2 Obstacles to Penal Responsibility
First Topic - Sensual Indisposition
Subtopic 3 - Age
Article 93
Eligibility of Perpetrator for Death Sentence Upon Reaching Age 18
When a person who has committed a crime completes of 18, the person may be sentenced to death.
Section 4 Punishment
Chapter 2 Consequential Punishments
Article 116
Consequential Punishments Applicable to Persons Sentenced to Death
(1) A person who is sentenced to death shall be deprived of the rights and privileges listed in [sub]paragraphs 1 to 11 [of paragraph 1] of article 113 of this Law.
(2) Legal possessions of a person who has been sentenced to death shall be regarded as void; the court can appoint trustee for supervision and administration of his estate at the request of public attorney or other concerned persons.
Gazette No. 763
Decree no. 1320 on Signature of the Legislative Decree on the Law on Limitation of the Death Penalty in the Republic of Afghanistan
Article 1:
The punishment of the death penalty shall not be applied in the Republic of Afghanistan except in the following cases:
1– Intentional murder.
2– Massacre.
3– Explosion (combined with murder).
4– Highway robbery (combined with murder).
5– Crimes as a result of which the territory of the Republic of Afghanistan falls partially or wholly under the sovereignty of a foreign nation and incurs harm to its territorial integrity and independence.
Article 2:
All applicable provisions of law in the country specifying a criminal punishment of execution (death penalty) shall be amended to 20 years imprisonment.
Section 2 Criminal Case
Chapter 2 Dismissal of a Criminal Case and Punishments
Statute of Limitations for Punishment
Article 76:
The punishment shall be dismissed after passage of the following time periods after issuance of verdict:
1– If sentenced to execution, after 25 years.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 4 Enforcement of Execution Punishment
Approval of an Execution Order
Article 310:
Whenever the execution order of the accused person is absolute in accordance with the provisions of this law, the Supreme Court shall present the case documents with the relevant decision to the president within (14) days from its date of issuance. If the president approves the court sentence, it shall be enforced.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 4 Enforcement of Execution Punishment
Custody of a Person Sentenced to Death Penalty
Article 311:
The person sentenced to death shall be held in prison until the sentence is carried out.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 4 Enforcement of Execution Punishment
Notifying Relatives of the Convicted Person
Article 312:
The prison administration is obligated to notify the relatives and defense attorney of the person convicted to death penalty about the date of the execution.
The relatives of a convicted person can visit him/her 1 day prior to the implementation of the execution order; the relatives of the convict are not allowed to be present during the implementation of the order.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 4 Enforcement of Execution Punishment
Providing Facilities for Performing Religious Rituals
Article 313:
If the religion of the convicted person sentenced to death requires religious ceremonies or practices, the prison administration officials are obligated to provide him/her with the necessary services.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 4 Enforcement of Execution Punishment
Place of Execution
Article 314:
The execution takes place inside the prison in a covered location in accordance with the provisions of this law, except otherwise in circumstances which public edification is needed.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 4 Enforcement of Execution Punishment
Presence of Officials During the Execution
Article 315:
(1) The execution is carried out by the assigned expert person, in the presence of the prosecutor, warden, religious scholar and assigned physician who are designated by relevant departments.
(2) While the execution is carried out, the presence of the witness, defense attorney and claimant is necessary, unless despite notification they do not appear.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 4 Enforcement of Execution Punishment
Narration of Execution Order
Article 316:
At the place of execution, a text of the issued decision and the accusation which resulted in the issuing of this sentence shall be narrated by the prosecutor before the execution is carried out.
If the convict wants to make a statement, the assigned representatives are obligated to record the statement in the registry.
After the execution is carried out, the assigned representatives are obligated to obtain the physicians confirmation of the convict’s death and record the time of death in the registry and sign it.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 4 Enforcement of Execution Punishment
Enforcement of the Death Penalty
Article 318:
The death penalty is enforced (10) days after the order is approved by the president.
If the person sentenced to death is pregnant woman, enforcement of her punishment is postponed for 2 years after the date of delivery. In this case, the convicted person is kept in prison until the implementation of punishment.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 4 Enforcement of Execution Punishment
Method of Implementation of Execution
Article 319:
The death penalty is carried out in a way that the convicted person feels the least pain.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 4 Enforcement of Execution Punishment
Releasing the Body to Relatives
Article 320:
(1) The body of the executed person is to be handed over to their relatives after enforcement of the sentence.
(2) If the executed person does not have any relatives, or their relatives refuse to receive the body, the body is buried in accordance with the provisions of Islamic Sharia.
(3) The body is buried without holding a gathering.
Chapter 1 General Provisions
Article 11. Time Limitation on Criminal Proceedings
(a) Any person charged with absence without leave during war or any other offense punishable by death can be prosecuted at any time without limitation.
Chapter 4 The Trial
Article 41.
Issuing Order
(a) The decision to impose the death penalty will be made unanimously by the three judges present in the trial proceedings. The death penalty will not be adjudged in one- judge trials.
(b) Except in death penalty cases, findings and punishment in all other cases will be imposed by a majority of votes of the judges present in the trial proceedings.
Chapter 7 Final Provisions
Article 59.
Execution of Sentence
The death penalty will be executed after going through lawful process, and after the approval of the President.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.