Austria-Hungary.—In Austria capital punishment was in 1787 for a time abolished, but was reintroduced in 1795 for high treason, and in 1803 for certain other crimes. Under the penal code still in force in 1906 it might be inflicted for the offences in the table given below, but not on offenders who were under twenty when they committed the offence. The annexed table indicates that the full sentence was sparingly executed. Under a Penal Code drafted in 1906, however, only two offences were made capital, viz. high treason against the person of the emperor and the graver cases of murder. The sentence is executed by hanging.

Crimes Punishable by
Death.		 1853 to 1873. 1875 to 1900. 1901 to 1903.
Condemned. Executed. Condemned. Executed. Condemned. Executed.
High treason 4 0 1 0 0 0
Murder s. 136 880 102 2085 81 180 9
Killing by robbers, s. 141 12 3 35 1 3 0
Public violence, ss. 85, 87 · · · · 1 0 0 0
Incendiarism, s. 167 5 0 0 0 0 0
Criminal use of explosives · · · · · · · · · · · ·
 (explosives law, s. 4)

Belgium.—Under the Belgian Penal Code of 1867 the death penalty is retained for certain forms of high treason, and for assassination and parricide by poisoning. It may not be pronounced on a person under eighteen. The sentence is executed publicly by the guillotine. No execution seems to have taken place since 1863.

Denmark.—Sentence of death may be imposed for most forms of high treason, aggravated cases of murder, rape and piracy. It is executed publicly by the axe. Offenders under eighteen are not liable.

Finland.—In Finland the death penalty is alleged not to have been inflicted since 1824. It may be imposed for the assassination of the grand duke or grand duchess or the head of a friendly state, and wilful murder of other persons.

France.—Under the ancien régime in France, 115 crimes had become capital in 1789. The mode of execution varied, but in some cases it was effected by breaking on the wheel or burning, and was coupled with mutilation. Under the Penal Code of 1810, as amended in or after 1832, even so late as 1871, thirty offences were capital, one being perjury against a prisoner resulting in his condemnation to death (art. 361). At present it may be imposed for wounding a public official with intent to murder (art. 233), assassination, parricide, poisoning, killing to commit a crime or escape from justice (arts. 302, 304). But juries freely exercise the power of acquitting in capital cases, or of defeating the capital sentence by finding extenuating circumstances in more than seven-eighths of the cases, which compels the court to reduce the punishment by one or more degrees, i.e. below the penalty of death. And in recent times the prerogative of mercy has been continually exercised by the president, even in gross cases where public opinion demanded the extreme penalty. The sentence is executed in public by the guillotine.

Germany.—In many of the states of Germany capital punishment had been abolished (Brunswick, Coburg, Nassau, Oldenburg in 1849; Saxe-Meiningen, Saxe-Weimar, 1862; Baden, 1863; Saxony, 1868). But it has been restored by the Imperial Criminal Code of 1872, in the case of attempts on the life of the emperor, or of the sovereign of any federal state in which the offender happens to be (s. 80), and for deliberate homicide (s. 211)—as opposed to intentional homicide without deliberation—and for certain treasonable acts committed when a state of siege has been proclaimed. The sentence is executed by beheading (s. 13).

Holland.—In Holland there have been no executions since 1860. Capital punishment (by hanging) was abolished in 1870, and was not reintroduced in the Penal Code of 1886.

Italy.—Capital punishment was abolished in Tuscany as far back as 1786, and from Italy has come the chief opposition to the death penalty, originated by Beccaria, and supported by many eminent jurists. Under the Penal Code of 1888 the death penalty was abrogated for all crimes, even for regicide. The cases of homicide in Italy are very numerous compared with those in England, amounting in 1905 to 105 per million as compared with 27 per million in the United Kingdom.

Japan.—The penalty of death is executed by hanging within a prison. It may be imposed for executing or contriving acts of violence against the mikado or certain of his family, and for seditious violence with the object of seizing the territory or subverting the government or laws of Japan, or conspiring with foreign powers to commence hostilities against Japan. It is inflicted for certain forms of homicide, substantially wilful murder in the first degree.