n Malawi Law Journal - Bidding farewell to mandatory capital punishment : Francis Kafantayeni & Others v Attorney General : notes and comments
|Article Title||Bidding farewell to mandatory capital punishment : Francis Kafantayeni & Others v Attorney General : notes and comments|
|© Publisher:||University of Cape Town|
|Journal||Malawi Law Journal|
|Author||Mwiza Jo Nkhata|
|Publication Date||Jan 2007|
|Pages||103 - 112|
The Penal Code is the most comprehensive code of the various criminal offences and attendant penalties recognised in Malawi. It has been subjected to several amendments since its adoption in April 1930. However, no substantive amendment has been made to sections 208 to 213, which create the offences of murder and manslaughter. Section 210 prescribes mandatory capital punishment for murder. The result has been that this penalty has been imposed in every case in which a person is convicted of murder irrespective of the circumstances of the offence, victim and the offender.
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