CHAPTER 1
General Explanations

26. Whoever abets the commission of an offence punishable with death, imprisonment for life or exile for life under this Law shall be punished with imprisonment or exile between 5 years and 12 years or shall be subject to a fine between Mrf. 3,000.00 and Mrf. 10,000.00. Where the act of abetment results in grievous hurt being caused to to a person, his term of punishment can be extended up to a period of 18 years or the fine may be increased up to an amount of Mrf. 15,000.00.

27. Whoever conspires to commit an offence punishable with death, imprisonment for life, exile for life or rigorous imprisonment not exceeding a period of 4 years under this Law but has not committed any act in pursuance of that conspiracy shall be found guilty only in respect of its abetment.

CHAPTER 90. OFFENSE GRADES AND THEIR IMPLICATIONS
Section 92 – Authorized Terms of Imprisonment

Except as otherwise provided, the maximum authorized term of

imprisonment for a:

(a) Class 1 felony is [death or]3 imprisonment for not more than 25

years;

(b) Class 2 felony is imprisonment for not more than 15 years;

(c) Class 3 felony is imprisonment for not more than 8 years;

(d) Class 4 felony is imprisonment for not more than 4 years;

(e) Class 5 felony is imprisonment for not more than 2 years;

(f) Class 1 misdemeanor is imprisonment for not more than 1 year;

(g) Class 2 misdemeanor is imprisonment for not more than 6 months;

(h) Class 3 misdemeanor is imprisonment for not more than 3 months;

(i) No term of imprisonment or [banishment] is authorized for a

violation.

(j) Maximum Term Reserved for Most Egregious Form of Offense. The

maximum authorized term of imprisonment is an appropriate sentence only for

the most egregious imaginable form of the offense.

[(k) Death Penalty Available Only for Most Egregious Form of Killing.

The death penalty is available only for the most egregious imaginable form of a

purposeful killing of another person in the most cruel and heinous manner.

CHAPTER 1200. LIMITATIONS ON APPLICATION OF SENTENCING

GUIDELINES

Section 1204 – Death Penalty

(a) Proof Required. In order to impose the penalty of death on any

person, the government must prove the elements of the offense and prove that

the offense committed is worse and represents more culpable behavior than any

other offense imaginable to a practical certainty.

(b) Confessions. The government may not use the confession of the

defendant to convict him of an offense for which it seeks the penalty of death,

unless the defendant freely testifies in open court and under the advice of

counsel, confessing every element of the crime.

(c) Evidentiary Requirements.

(1) Capacity. All witnesses that provide the testimony

establishing the proof required in Subsection (a) must undergo

evaluation to establish their capacity and competence to tell the truth on

the matters at issue.

(2) Uncontradicted Evidence. If the testimony of any witness, or

any portion of the testimony of any witness, including the defendant, is

contradicted by the testimony of another witness, that witness’s

testimony may not be considered as meeting the requirements of proof

in Subsection (a).

(d) Automatic Appeal. In the event that a sentencing court imposes the

penalty of death, the decision shall be appealed to the High Court for complete

review of all findings of fact and law.