16. The right to life
Every person has the right to life and no person shall be arbitrarily deprived of his or her life:
Provided that the execution of the death sentence imposed by a competent court on a person in respect of a criminal offence under the laws of Malawi of which he or she has been convicted shall not be regarded as arbitrary deprivation of his or her right to life.
PART XII
SENTENCES AND THEIR EXECUTION
323. Sentence of death
When any person is sentenced to death, the sentence shall direct that he shall suffer death in the manner authorized by law.
323. Sentence of death
When any person is sentenced to death, the sentence shall direct that he shall suffer death in the manner authorized by law.
324. Accused to be informed of right to appeal
When an accused is sentenced to death, the court shall inform him that he has a right to appeal the period within which, if he wishes to appeal, his appeal should be preferred.
328. Sentence of death not to be passed on pregnant woman
Where a woman convicted of an offence punishable with death is found to be pregnant in accordance with section 327, the sentence to be passed on her shall be a sentence of imprisonment for life instead of sentence of death.
PART I
GENERAL PROVISIONS
CHAPTER VI
PUNISHMENTS
26. Sentence of death
(1) When any person is sentenced to death the sentence shall direct that he shall suffer death in the manner authorized by law. The manner authorized by law shall be death by hanging, or in case of treason such other manner as the Minister may by warrant in the particular case prescribe, at such place as may be directed by the Minister and specified in the death warrant, whether within or without the prison in which the convicted person is detained.
26. Sentence of death
(1) When any person is sentenced to death the sentence shall direct that he shall suffer death by hanging within the prison in which he is detained.
(2) Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the court that at the time when the offence was committed he was under the age of 18 years, but in lieu thereof the court shall sentence him to be detained during the President’s pleasure, on the advice of the Board of Visitors appointed under the Children and Young Persons Act.
(3) When a person has been sentenced to be detained during the President’s pleasure under the last subsection (2), the presiding judge shall forward to the President a copy of the notes of evidence taken on the trial, with a report in writing signed by him containing any recommendation or observations on the case he may think fit to make.
(4) Where a woman convicted of an offence punishable with death is found, in accordance with section 327 of the Criminal Procedure and Evidence Code, to be pregnant, the sentence to be passed on her shall be a sentence of imprisonment for life instead of a sentence of death.
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.