The death penalty is again brought to the Constitutional Court for the first time in 12 years.
The Constitutional Court will hold an open hearing on the constitutional complaint regarding Article 41 of the Criminal Act, which stipulates the types of punishment, such as the death penalty, on July 14.
The Constitutional Court plans to invite the petitioner’s side and interested parties, such as witnesses from the Minister of Justice, to hear their opinions during this public hearing.
The petitioner of this constitutional complaint is Mr. A, who has been sentenced to life imprisonment on the charge of killing an ascendant. In the first trial, the prosecution applied for a proposal for a trial on the constitutionality of the law for the death penalty, which is the maximum sentence in court, but it was rejected. In February 2019, a constitutional complaint was filed.
The death penalty has been in existence since the Criminal Act enacted in 1953, and the constitutionality of the decision was made twice by judges 7 to 2 in 1996 and then 5 to 4 in 2010.
For a decision to be unconstitutional, the consent of at least 6 out of 9 judges is required. Currently, among the judges of the Constitutional Court, there are 5 judges, including Chief Justice Yoo Nam-seok, who explicitly stated their position on the abolition of the death penalty or gave an active review opinion.
YTN Woo Cheol-hee (firstname.lastname@example.org)
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