Capital punishment in Macau

Capital punishment in Macau was formally abolished in 1976 and reiterated in the Penal Code of Macau in 1995.

Before that, capital punishment was last used in the 19th century. Under the principle of independence of legal system in Macau Basic Law, Macau continues its repudiation of capital punishment after the handover to The People's Republic of China in 1999^[1] despite the fact that capital punishment is practised in The People's Republic of China.

Macau was a Portuguese colony prior to returning to Chinese rule. Macau abided by the laws of their colonisers prior to their transfer. After the transfer of sovereignty, Macau developed their own laws. These laws were based largely upon the Portuguese laws.^[2] The final death sentence was handed some time during the 19th century.^[3] Although capital punishment is prohibited in Macau, the process of extradition to The People's Republic of China and other countries is still permitted.^[4] The Hong Kong protests of 2019 have caused questions around the extradition of criminals from The People's Republic of China’s special administrative regions including Macau. This has caused responses from activists in Macau, who have joined the protests in Hong Kong.^[5] The Criminal Code of Macau dictates the penalties and rules regarding offences within the country. None of the articles present in the criminal code allow for the capital punishment as penalty for an offence.^[6] The Portuguese government did not permit the revoking of freedom via punishment. The government believed that every individual deserved freedom, thus abolishing capital punishment and life imprisonment.^[7] These sentiments were included in the law of Macau whilst colonised. The law regarding capital punishment was allowed to be retained when the country was transferred under the one country, two systems law.^[7]

The longest sentence in the Macau legal system is 30 years.^[8]

^ "THE HISTORY OF THE DEATH PENALTY IN HK AND MACAU". Amnesty International. Archived from the original on 2011-03-11.
^ Cite error: The named reference :0 was invoked but never defined (see the help page).
^ "History Of The Death Penalty In Hong Kong And Macau". Amnesty International Hong Kong. Archived from the original on 19 September 2020. Retrieved 24 April 2020.
^ "Macao, China" (PDF). Macao, China. Retrieved 24 April 2020.
^ Ho, L; Lam, A (2013). "Transformation of Macau policing: from a Portuguese colony to China's SAR". Crime, Law and Social Change. 61 (4): 417–437. doi:10.1007/s10611-013-9493-3. S2CID 144567648.
^ "Criminal Code of Macao (Notice No. 46/1995)". Chinese Law & Government. 39 (4–5): 142–148. 2006. doi:10.2753/CLG0009-4609390406. S2CID 219308239.
^ ^a ^b Yee, H. (2001). Macau in transition : from colony to autonomous region (1 ed.). London: Palgrave Macmillan UK.
^ "CSC and the World". Archived from the original on 2011-07-06. Retrieved 2011-03-17.

[1] "THE HISTORY OF THE DEATH PENALTY IN HK AND MACAU". Amnesty International. Archived from the original on 2011-03-11.

[:0-2] Cite error: The named reference :0 was invoked but never defined (see the help page).

[3] "History Of The Death Penalty In Hong Kong And Macau". Amnesty International Hong Kong. Archived from the original on 19 September 2020. Retrieved 24 April 2020.

[:8-4] "Macao, China" (PDF). Macao, China. Retrieved 24 April 2020.

[:5-5] Ho, L; Lam, A (2013). "Transformation of Macau policing: from a Portuguese colony to China's SAR". Crime, Law and Social Change. 61 (4): 417–437. doi:10.1007/s10611-013-9493-3. S2CID 144567648.

[:2-6] "Criminal Code of Macao (Notice No. 46/1995)". Chinese Law & Government. 39 (4–5): 142–148. 2006. doi:10.2753/CLG0009-4609390406. S2CID 219308239.

[:9-7] Yee, H. (2001). Macau in transition : from colony to autonomous region (1 ed.). London: Palgrave Macmillan UK.

[8] "CSC and the World". Archived from the original on 2011-07-06. Retrieved 2011-03-17.

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