Capital punishment in France
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Capital punishment in France (french: peine de mort en France) is banned by Article 66-1 of the Constitution of the French Republic, voted as a constitutional amendment by the Congress of the French Parliament on 19 February 2007 and simply stating "No one can be sentenced to the death penalty" (french: Nul ne peut être condamné à la peine de mort). The death penalty was already declared illegal on 9 October 1981 when President François Mitterrand signed a law prohibiting the judicial system from using it and commuting the sentences of the seven people on death row to life imprisonment. The last
execution Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
took place by
guillotine A guillotine is an apparatus designed for efficiently carrying out executions by beheading. The device consists of a tall, upright frame with a weighted and angled blade suspended at the top. The condemned person is secured with stocks at t ...
, being the main legal method since the
French Revolution The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in coup of 18 Brumaire, November 1799. Many of its ...
;
Hamida Djandoubi Hamida Djandoubi ( ar, حميدة جندوبي, Ḥamīda Jandūbī; 22 September 1949 – 10 September 1977) was a Tunisian convicted murderer sentenced to death in France. He moved to Marseille in 1968, and six years later he kidnapped, torture ...
, a Tunisian citizen convicted of torture and murder on French soil, who was put to death in September 1977 in
Marseille Marseille ( , , ; also spelled in English as Marseilles; oc, Marselha ) is the prefecture of the French department of Bouches-du-Rhône and capital of the Provence-Alpes-Côte d'Azur region. Situated in the camargue region of southern Fra ...
. Major French death penalty abolitionists across time have included philosopher
Voltaire François-Marie Arouet (; 21 November 169430 May 1778) was a French Enlightenment writer, historian, and philosopher. Known by his ''nom de plume'' M. de Voltaire (; also ; ), he was famous for his wit, and his criticism of Christianity—es ...
; poet
Victor Hugo Victor-Marie Hugo (; 26 February 1802 – 22 May 1885) was a French Romantic writer and politician. During a literary career that spanned more than sixty years, he wrote in a variety of genres and forms. He is considered to be one of the great ...
; politicians
Léon Gambetta Léon Gambetta (; 2 April 1838 – 31 December 1882) was a French lawyer and republican politician who proclaimed the French Third Republic in 1870 and played a prominent role in its early government. Early life and education Born in Cahors, Ga ...
,
Jean Jaurès Auguste Marie Joseph Jean Léon Jaurès (3 September 185931 July 1914), commonly referred to as Jean Jaurès (; oc, Joan Jaurés ), was a French Socialist leader. Initially a Moderate Republican, he later became one of the first social dem ...
and
Aristide Briand Aristide Pierre Henri Briand (; 28 March 18627 March 1932) was a French statesman who served eleven terms as Prime Minister of France during the French Third Republic. He is mainly remembered for his focus on international issues and reconciliat ...
; and writers
Alphonse de Lamartine Alphonse Marie Louis de Prat de Lamartine (; 21 October 179028 February 1869), was a French author, poet, and statesman who was instrumental in the foundation of the Second Republic and the continuation of the Tricolore as the flag of France. ...
and
Albert Camus Albert Camus ( , ; ; 7 November 1913 – 4 January 1960) was a French philosopher, author, dramatist, and journalist. He was awarded the 1957 Nobel Prize in Literature at the age of 44, the second-youngest recipient in history. His work ...
.


History


Ancien Régime

Prior to 1791, under the
Ancien Régime ''Ancien'' may refer to * the French word for "ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France ''Ancien'' may refer to * the French word for ...
, there existed a variety of means of capital punishment in
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
, depending on the crime and the status of the condemned person: *
Hanging Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging ...
was the most common punishment. * Decapitation by sword, for nobles only. * Burning for arson, bestiality,
heresy Heresy is any belief or theory that is strongly at variance with established beliefs or customs, in particular the accepted beliefs of a church or religious organization. The term is usually used in reference to violations of important religi ...
,
sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sod ...
, and
witchcraft Witchcraft traditionally means the use of magic or supernatural powers to harm others. A practitioner is a witch. In medieval and early modern Europe, where the term originated, accused witches were usually women who were believed to have ...
. The convict was occasionally discreetly strangled. *
Breaking wheel The breaking wheel or execution wheel, also known as the Wheel of Catherine or simply the Wheel, was a torture method used for public execution primarily in Europe from antiquity through the Middle Ages into the early modern period by breakin ...
for brigandage and murder. The convict could be strangled before having his limbs broken or after, depending on the atrocity of his crime. *
Death by boiling Death by boiling is a method of execution in which a person is killed by being immersed in a boiling liquid. While not as common as other methods of execution, boiling to death has been practiced in many parts of Europe and Asia. Due to the length ...
for counterfeiting. *
Dismemberment Dismemberment is the act of cutting, ripping, tearing, pulling, wrenching or otherwise disconnecting the limbs from a living or dead being. It has been practiced upon human beings as a form of capital punishment, especially in connection with ...
for
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
,
parricide Parricide refers to the deliberate killing of one’s own father and mother, spouse (husband or wife), children, and/or close relative. However, the term is sometimes used more generally to refer to the intentional killing of a near relative. It ...
, and
regicide Regicide is the purposeful killing of a monarch or sovereign of a polity and is often associated with the usurpation of power. A regicide can also be the person responsible for the killing. The word comes from the Latin roots of ''regis'' ...
. On 6 July 1750,
Jean Diot and Bruno Lenoir Jean Diot and Bruno Lenoir were two French men arrested and charged with the crime of homosexuality in Paris in 1750. They were the last persons executed in France as punishment for homosexuality. In 2014, Paris officials installed a memorial plaq ...
were strangled and burned at the stake in
Place de Grève Place may refer to: Geography * Place (United States Census Bureau), defined as any concentration of population ** Census-designated place, a populated area lacking its own municipal government * "Place", a type of street or road name ** Often ...
for sodomy, the last known execution for sodomy in France. Also in 1750,
Jacques Ferron Jacques Ferron (January 20, 1921 – April 22, 1985) was a Canadian physician and author. Jacques Ferron was born in Louiseville, Quebec, the son of Joseph-Alphonse Ferron and Adrienne Caron. On March 5, 1931 his mother died. He attended Collè ...
was either hanged or burned at the stake in
Vanvres Vanves () is a commune in the southwestern suburbs of Paris, France. It is located from the centre of Paris. It is one of the most densely populated municipalities in Europe and the tenth in France History On 1 January 1860, the city of Paris w ...
for bestiality, the last known execution for bestiality in France.


Adoption of the guillotine

The first campaign towards the abolition of the death penalty began on 30 May 1791, but on 6 October that year the National Assembly refused to pass a law abolishing the death penalty. However, they did abolish torture, and also declared that there would now be only one method of execution: 'Tout condamné à mort aura la tête tranchée' (All condemned to death will have their heads cut off). In 1789, physician
Joseph-Ignace Guillotin Joseph-Ignace Guillotin (; 28 May 1738 – 26 March 1814) was a French physician, politician, and freemason who proposed on 10 October 1789 the use of a device to carry out death penalties in France, as a less painful method of execution than e ...
proposed that all executions be carried out by a simple and painless mechanism, which led to the development and eventual adoption of the
guillotine A guillotine is an apparatus designed for efficiently carrying out executions by beheading. The device consists of a tall, upright frame with a weighted and angled blade suspended at the top. The condemned person is secured with stocks at t ...
. Beheading had previously been reserved only for nobles and carried out manually by handheld axes or blades; commoners would usually be hanged or subjected to more brutal methods. Therefore, the adoption of the guillotine for all criminals regardless of social status not only made executions more efficient and less painful, but it also removed the class divisions in capital punishment altogether. As a result, many felt the device made the death penalty more humane and egalitarian. The guillotine was first used on
Nicolas Jacques Pelletier Nicolas Jacques Pelletier (c. 175625 April 1792) was a French highwayman who was the first person to be executed by guillotine. Robbery and subsequent sentencing Pelletier routinely associated with a group of known criminals. On the night of 1 ...
on 25 April 1792. Guillotine usage then spread to other countries such as Germany (where it had been used since before the revolution), Italy, Sweden (used in a single execution), the Netherlands and French colonies in Africa, Canada,
French Guiana French Guiana ( or ; french: link=no, Guyane ; gcr, label=French Guianese Creole, Lagwiyann ) is an overseas department/region and single territorial collectivity of France on the northern Atlantic coast of South America in the Guianas. ...
and
French Indochina French Indochina (previously spelled as French Indo-China),; vi, Đông Dương thuộc Pháp, , lit. 'East Ocean under French Control; km, ឥណ្ឌូចិនបារាំង, ; th, อินโดจีนฝรั่งเศส, ...
. Although other governments employed the device, France has executed more people by guillotine than any other nation.


Penal Code of 1791

On October 6, 1791, the Penal Code of 1791 was enacted, which abolished capital punishment in the
Kingdom of France The Kingdom of France ( fro, Reaume de France; frm, Royaulme de France; french: link=yes, Royaume de France) is the historiographical name or umbrella term given to various political entities of France in the medieval and early modern period ...
for bestiality, blasphemy, heresy, pederasty, sacrilege, sodomy, and witchcraft.


1939 onwards

Public executions were the norm and continued until 1939. From the mid-19th century, the usual time of day for executions changed from around 3 pm to morning and then to dawn. Executions had been carried out in large central public spaces such as market squares but gradually moved towards the local prison. In the early 20th century, the guillotine was set up just outside the prison gates. The last person to be publicly guillotined was six-time murderer
Eugen Weidmann Eugen Weidmann (5 February 1908 - 17 June 1939) was a German criminal and serial-killer who was executed by guillotine in France in June 1939, the last public execution in France. Early life Weidmann was born in Frankfurt am Main to the family ...
who was executed on 17 June 1939 outside the St-Pierre prison in Versailles. Photographs of the execution appeared in the press, and apparently this spectacle led the government to stop public executions and to hold them instead in prison courtyards, such as
La Santé Prison La Santé Prison (named after its location on the Rue de la Santé) (french: Maison d'arrêt de la Santé or ) is a prison operated by the French Prison Service of the Ministry of Justice located in the east of the Montparnasse district of the ...
in Paris. Following the law, the first to be guillotined inside a prison was Jean Dehaene, who had murdered his estranged wife and father-in-law, executed on 19 July 1939 at
St-Brieuc Saint-Brieuc (, Breton: ''Sant-Brieg'' , Gallo: ''Saent-Berioec'') is a city in the Côtes-d'Armor department in Brittany in northwestern France. History Saint-Brieuc is named after a Welsh monk Brioc, who Christianised the region in the 6th ...
. The 1940s and the wartime period saw an increase in the number of executions, including the first executions of women since the 19th century. Marie-Louise Giraud was executed on 30 July 1943 for being an abortion provider, which was labeled a crime against state security. In the 1950s to the 1970s, the number of executions steadily decreased, with for example President
Georges Pompidou Georges Jean Raymond Pompidou ( , ; 5 July 19112 April 1974) was a French politician who served as President of France from 1969 until his death in 1974. He previously was Prime Minister of France of President Charles de Gaulle from 1962 to 196 ...
, between 1969 and 1974, giving clemency to all but three people out of the fifteen sentenced to death. President
Valéry Giscard d'Estaing Valéry René Marie Georges Giscard d'Estaing (, , ; 2 February 19262 December 2020), also known as Giscard or VGE, was a French politician who served as President of France from 1974 to 1981. After serving as Minister of Finance under prime ...
oversaw the last executions. Up to 1981, the French penal code stated that: * Article 12: "Any person sentenced to death shall be decapitated." * Article 13: "By exception to article 12, when the death penalty is handed down for crimes against the safety of the State, execution shall take place by firing squad." * Article 14: "If the families of the executed persons wish to reclaim the bodies, they shall have them; it shall then be for them to have them buried without any pomp." In addition, crimes such as treason, espionage, insurrection,
piracy Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...
,
aggravated murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
, kidnapping with torture, felonies committed with the use of
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of tortur ...
, setting a bomb in a street, arson of a dwelling house, and
armed robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
made their authors liable to the death penalty; moreover, committing some military offenses such as mutiny or desertion or being
accomplice Under the English common law, an accomplice is a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller ...
or attempting to commit a capital felony were also capital offenses.


Clemency

The right to commute death sentences belonged exclusively to the President of the Republic, whereas it had belonged exclusively to the monarch in earlier ages. President Charles de Gaulle, who supported capital punishment, commuted 19 death sentences. During his term of office, 24 people were guillotined, 4 others executed by
firing squad Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are ...
for crimes against the security of the state, while 5 death sentences were commuted and 3 other were reprieved by amnesty in 1968. The last of those executed by firing squad was
OAS OAS or Oas may refer to: Chemistry * O-Acetylserine, amino-acid involved in cysteine synthesis Computers * Open-Architecture-System, the main user interface of Wersi musical keyboards * OpenAPI Specification (originally Swagger Specification) ...
member Lt. Colonel
Jean-Marie Bastien-Thiry Jean-Marie Bastien-Thiry (; 19 October 1927 – 11 March 1963) was a French Air Force lieutenant-colonel and military air-weaponry engineer. He was the creator of the Nord SS.10/ SS.11 missiles. He attempted to assassinate French President ...
, who was an organizer of the infamous assassination attempt on de Gaulle in 1962. No executions took place during two-term Interim President
Alain Poher Alain Émile Louis Marie Poher (; 17 April 1909 – 9 December 1996) was a French politician who briefly served as President of France twice, in 1969 and 1974. He held the office ''ad interim'' as President of the Senate following the resignati ...
, in 1969 and 1974. President
Georges Pompidou Georges Jean Raymond Pompidou ( , ; 5 July 19112 April 1974) was a French politician who served as President of France from 1969 until his death in 1974. He previously was Prime Minister of France of President Charles de Gaulle from 1962 to 196 ...
, who opposed capital punishment, commuted all but three death sentences imposed during his term. President
Valéry Giscard d'Estaing Valéry René Marie Georges Giscard d'Estaing (, , ; 2 February 19262 December 2020), also known as Giscard or VGE, was a French politician who served as President of France from 1974 to 1981. After serving as Minister of Finance under prime ...
, who stated that he "felt a deep aversion to the death penalty", also commuted all but three death sentences. He was President at the time of the last execution in France.


Amnesty

Parliament (rather than the executive) held the power to grant amnesty for death sentences. One example of general amnesty for all people sentenced to death and awaiting execution took place in 1959 after de Gaulle's inauguration when an Act of Parliament commuted all such sentences.


Abolition

The first official debate on the death penalty in France took place on 30 May 1791 with the presentation of a bill aimed at abolishing it. The advocate was Louis-Michel Lepeletier of Saint-Fargeau and revolutionary leader
Maximilien de Robespierre Maximilien François Marie Isidore de Robespierre (; 6 May 1758 – 28 July 1794) was a French lawyer and statesman who became one of the best-known, influential and controversial figures of the French Revolution. As a member of the Esta ...
supported the bill. However, the National Constituent Assembly, on 6 October 1791, refused to abolish the death penalty. Soon after, tens of thousands of people of various social classes would be executed by guillotine during the Reign of Terror. On 26 October 1795, the
National Convention The National Convention (french: link=no, Convention nationale) was the parliament of the Kingdom of France for one day and the French First Republic for the rest of its existence during the French Revolution, following the two-year Nationa ...
abolished capital punishment, but only to signify the day of general peace. The death penalty was reinstated on 12 February 1810, under Emperor
Napoleon I Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who ...
, in the French Imperial Penal Code. In 1848, the
provisional government A provisional government, also called an interim government, an emergency government, or a transitional government, is an emergency governmental authority set up to manage a political transition generally in the cases of a newly formed state or ...
of the
French Second Republic The French Second Republic (french: Deuxième République Française or ), officially the French Republic (), was the republican government of France that existed between 1848 and 1852. It was established in February 1848, with the February Re ...
, established by the February Revolution, decreed the abolition of the death penalty for
political crimes In criminology, a political crime or political offence is an offence involving overt acts or omissions (where there is a duty to act), which prejudice the interests of the state, its government, or the political system. It is to be distinguis ...
. President
Armand Fallières Clément Armand Fallières (; 6 November 1841 – 22 June 1931) was a French statesman who was President of France from 1906 to 1913. He was born at Mézin in the ''département'' of Lot-et-Garonne, France, where his father was clerk of ...
, a supporter of abolition, systematically pardoned every convict condemned to death over the first three years of his term (1906-1913). In 1906 the Commission of the Budget of the Chamber of Deputies voted for withdrawing funding for the guillotine, with the aim of stopping the execution procedure. On 3 July 1908 the Garde des Sceaux,
Aristide Briand Aristide Pierre Henri Briand (; 28 March 18627 March 1932) was a French statesman who served eleven terms as Prime Minister of France during the French Third Republic. He is mainly remembered for his focus on international issues and reconciliat ...
, submitted a draft law to the Deputies, dated November 1906, on the abolition of the death penalty. Despite the support of
Jean Jaurès Auguste Marie Joseph Jean Léon Jaurès (3 September 185931 July 1914), commonly referred to as Jean Jaurès (; oc, Joan Jaurés ), was a French Socialist leader. Initially a Moderate Republican, he later became one of the first social dem ...
, the bill was rejected on 8 December by 330 votes to 201. Under the pro-
Nazi Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in ...
Vichy Regime Vichy France (french: Régime de Vichy; 10 July 1940 – 9 August 1944), officially the French State ('), was the fascist French state headed by Marshal Philippe Pétain during World War II. Officially independent, but with half of its ter ...
, Marshal Pétain refused to pardon five women due to be guillotined; no woman had been guillotined in France in over five decades. Pétain was himself sentenced to death following the overthrow of the Vichy Regime, but General Charles de Gaulle commuted Pétain's sentence to life imprisonment on the grounds of his old age (89 years), as well as his previous military service during the First World War. Other Vichy officials, including notably
Pierre Laval Pierre Jean Marie Laval (; 28 June 1883 – 15 October 1945) was a French politician. During the Third Republic, he served as Prime Minister of France from 27 January 1931 to 20 February 1932 and 7 June 1935 to 24 January 1936. He again occ ...
, were not so fortunate and were shot. Under Vincent Auriol's presidency, three more women were beheaded, one in Algeria and two in France. The last Frenchwoman to be beheaded (Germaine Leloy-Godefroy) was executed in
Angers Angers (, , ) is a city in western France, about southwest of Paris. It is the prefecture of the Maine-et-Loire department and was the capital of the province of Anjou until the French Revolution. The inhabitants of both the city and the pr ...
in 1949. In 1963, Lt. Colonel
Jean-Marie Bastien-Thiry Jean-Marie Bastien-Thiry (; 19 October 1927 – 11 March 1963) was a French Air Force lieutenant-colonel and military air-weaponry engineer. He was the creator of the Nord SS.10/ SS.11 missiles. He attempted to assassinate French President ...
became the last person to be executed by a
firing squad Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are ...
. Defended by lawyer
Robert Badinter Robert Badinter (; born 30 March 1928) is a French lawyer, politician and author who enacted the abolition of the death penalty in France in 1981, while serving as Minister of Justice under François Mitterrand. He has also served in high-lev ...
, child murderer
Patrick Henry Patrick Henry (May 29, 1736June 6, 1799) was an American attorney, planter, politician and orator known for declaring to the Second Virginia Convention (1775): " Give me liberty, or give me death!" A Founding Father, he served as the first a ...
narrowly escaped being condemned to death on 20 January 1977, and numerous newspapers predicted the end of the death penalty. On 10 September 1977,
Hamida Djandoubi Hamida Djandoubi ( ar, حميدة جندوبي, Ḥamīda Jandūbī; 22 September 1949 – 10 September 1977) was a Tunisian convicted murderer sentenced to death in France. He moved to Marseille in 1968, and six years later he kidnapped, torture ...
was guillotined and became both the last person executed in France as well as the last person executed by beheading in the Western world, and by any means in Western Europe. On September 18, 1981, Badinterthe new
Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
proposed the final abolition of the death penalty in the National Assembly, the same day as the newly-elected socialist president François Mitterrand backed his efforts, and the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
finally pushed abolition through that same year. Badinter had been a longtime opponent of capital punishment and the defense attorney of some of the last men to be executed.


Abolition process in 1981

* 16 March 1981: During the presidential election campaign, François Mitterrand declared that he was against the death penalty. This was taken up in the
Socialist Party Socialist Party is the name of many different political parties around the world. All of these parties claim to uphold some form of socialism, though they may have very different interpretations of what "socialism" means. Statistically, most of t ...
's
110 Propositions for France 110 Propositions for France (french: 110 Propositions pour la France) was the Socialist Party's program for the 1981 presidential election during which the Socialist Party's candidate, François Mitterrand, was elected by 51.76% of the people. Thi ...
electoral program, along with other justice reforms. * 19 March: The last sentence of death (against
Philippe Maurice Philippe Maurice (born June 15, 1956, in Paris Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, most populous city of France, with an estimated population of 2,165,423 residents in 2019 in ...
) was confirmed by the
court of cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
, the last to gain legal force. * 10 May: Mitterrand was elected
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
in the second round against
Valery Giscard d'Estaing The French name Valery () is a male given name or surname of Germanic origin ''Walaric'' (see Walric of Leuconay), that has often been confused in modern times with the Latin name ''Valerius''—that explains the variant spelling Valéry (). The S ...
. * 25 May: François Mitterrand pardoned Philippe Maurice, commuting the sentence to life imprisonment. He was released on license in
2000 File:2000 Events Collage.png, From left, clockwise: Protests against Bush v. Gore after the 2000 United States presidential election; Heads of state meet for the Millennium Summit; The International Space Station in its infant form as seen from S ...
. * 26 August: the Council of Ministers approved the bill to abolish the death penalty. * 17 September:
Robert Badinter Robert Badinter (; born 30 March 1928) is a French lawyer, politician and author who enacted the abolition of the death penalty in France in 1981, while serving as Minister of Justice under François Mitterrand. He has also served in high-lev ...
presented the bill to the
Assemblée Nationale The National Assembly (french: link=no, italics=set, Assemblée nationale; ) is the lower house of the bicameral French Parliament under the Fifth Republic, the upper house being the Senate (). The National Assembly's legislators are know ...
. It passed on 18 September, by 363 votes to 117. * 28 September: The
cour d'assises In France, a ''cour d'assises'', or Court of Assizes or Assize Court, is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of felonies, meaning crimes as defined in French law. I ...
of
Haut-Rhin Haut-Rhin (, ; Alsatian: ''Owerelsàss'' or '; german: Oberelsass, ) is a department in the Grand Est region of France, bordering both Germany and Switzerland. It is named after the river Rhine. Its name means ''Upper Rhine''. Haut-Rhin is th ...
issued the very last sentence of death against tailor Jean-Paul Marx for attempted murder. A total of seven sentences of death were issued by the lower courts after Philippe's case, but never ratified by the court of cassation. * 30 September: several amendments were rejected in the
Sénat The Senate (french: Sénat, ) is the upper house of the French Parliament, with the lower house being the National Assembly, the two houses constituting the legislature of France. The French Senate is made up of 348 senators (''sénateurs'' ...
. The law was officially passed by the two chambers. * 9 October: the law was promulgated and all remaining sentences commuted. The last Western European country to practise the death penalty abolished it.


Current status

Today, the death penalty has been abolished in France. Although a few modern-day French politicians (notably the far-right
Front national The National Rally (french: Rassemblement National, ; RN), until 2018 known as the National Front (french: link=no, Front National, ; FN), is a far-rightAbridged list of reliable sources that refer to National Rally as far-right: Academic: ...
former leader
Jean-Marie Le Pen Jean Louis Marie Le Pen (, born 20 June 1928) is a French far-right politician who served as President of the National Front from 1972 to 2011. He also served as Honorary President of the National Front from 2011 to 2015. Le Pen graduated fro ...
) advocate restoring the death penalty, its re-establishment would not be possible without the unilateral French rejection of several international
treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
. (Repudiation of international treaties is not unknown to the French system, as France renounced its obligations under the
NATO The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two No ...
treaty in 1966, though it rejoined the pact in 2009.) On 20 December 1985, France ratified Additional Protocol number 6 to the
European Convention Several bodies or treaties are known as European Convention. Bodies of the European Union * European Convention (1999–2000) which drafted the: ** ''Charter of Fundamental Rights of the European Union'' (2000 / 2009) * Convention on the Future of ...
to Safeguard
Human Rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
and fundamental
liberties Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society f ...
. This prevents France from re-establishing the death penalty, except in times of war or by denouncing the Convention. On 21 June 2001, Jacques Chirac sent a letter to the association "Ensemble" saying he was against the death penalty: "It's a fight we have to lead with determination and conviction, because no justice is infallible and each execution can kill an innocent; because nothing can legitimise the execution of minors or of people suffering from mental deficiencies; because death can never constitute an act of justice." On 3 May 2002, France and 30 other countries signed Protocol number 13 to the European Convention on Human Rights. This forbids the death penalty in all circumstances, even in times of war. It went into effect on 1 July 2003, after having been ratified by 10 states. Despite these efforts, in 2004, a law proposition (number 1521) was placed before the French National Assembly, suggesting re-establishment of the death penalty for
terrorist Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
acts. The bill was not adopted. On 3 January 2006, Jacques Chirac announced a revision of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
aimed at writing out the death penalty. (On the previous 13 October, the Constitutional Council had deemed the ratification of the Second Optional Protocol to the international pact necessitated such a revision of the Constitution. The protocol concerned civil and political rights aimed at abolishing the death penalty.) On 19 February 2007, the Congress of the French Parliament (the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
and the Senate, reunited for the day) voted overwhelmingly for a modification of the Constitution stating that "no one can be sentenced to the death penalty." There were 828 votes for the modification, and 26 against. The amendment entered the Constitution on 23 February.


Variations in French opinion

During the 20th century, French opinion on the death penalty has greatly changed, as many polls have showed large differences from one time to another. * In 1908, ''
Le Petit Parisien ''Le Petit Parisien'' was a prominent French newspaper during the French Third Republic. It was published between 1876 and 1944, and its circulation was over two million after the First World War. Publishing Despite its name, the paper was circu ...
'' published a poll in which 77% of people asked were in favour of the death penalty. * In 1960, a survey from the IFOP showed that 50% of the French were against, while 39% were for. * In 1972, in a survey from the same institute, 27% of those surveyed were for abolition while 63% were for capital punishment. * In 1981, ''
Le Figaro ''Le Figaro'' () is a French daily morning newspaper founded in 1826. It is headquartered on Boulevard Haussmann in the 9th arrondissement of Paris. The oldest national newspaper in France, ''Le Figaro'' is one of three French newspapers of r ...
'' carried out a survey the day after the vote for abolition. It indicated that 62% of the French were for maintaining the death penalty. * In 1998, IFOP's and ''
France-Soir ''France Soir'' ( en, France Evening) was a French newspaper that prospered in physical format during the 1950s and 1960s, reaching a circulation of 1.5 million in the 1950s. It declined rapidly under various owners and was relaunched as a popul ...
s survey showed that opinions were split in half, with 54% against the death penalty and 44% for it. * In 2006, TNS Sofres survey show opposition of the French people to death penalty generally: 52% are now against death penalty and 41% are pro-death penalty. * In 2007, according to
Angus Reid Global Monitor Angus Reid (born December 17, 1947) is a Canadian entrepreneur, pollster, and sociologist. He is the chairman of the Angus Reid Institute and CEO and founder of Angus Reid Global. He is director of the Reid Campbell Group which operates Rival ...
, 52% of French are anti-death penalty and 45% are pro-death penalty. * In 2013, a Opinionway survey shows that 50% of the French people support re-introduction of the death penalty, up from 45% in 2012 and 35% in 2011. * In 2020, a Ipsos/Sopra Steria survey showed that 55% of the French people support re-introduction of the death penalty. The survey found that 85% percent of voters of the National Rally party (RN) support the death penalty, with 71% for the conservative party Les Républicains, and 39% for the LaRem, Socialists, the Green party and the far-left party (France Unbowed).


Executions from 1958 to abolition

The following people were executed during the Fifth Republic (between 1959 and 1977), making them the last executed people in France.


Notable opponents

* Michel de Montaigne (writer and philosopher) *
Voltaire François-Marie Arouet (; 21 November 169430 May 1778) was a French Enlightenment writer, historian, and philosopher. Known by his ''nom de plume'' M. de Voltaire (; also ; ), he was famous for his wit, and his criticism of Christianity—es ...
(writer and philosopher) *
Nicolas de Condorcet Marie Jean Antoine Nicolas de Caritat, Marquis of Condorcet (; 17 September 1743 – 29 March 1794), known as Nicolas de Condorcet, was a French philosopher and mathematician. His ideas, including support for a liberal economy, free and equal pu ...
(philosopher) *
Louis-Michel Le Peletier de Saint-Fargeau Louis-Michel le Peletier, Marquis of Saint-Fargeau (sometimes spelled Lepeletier; 29 May 176020 January 1793) was a French politician and martyr of the French Revolution. Career Born in Paris, he belonged to a well-known family, his great-gran ...
(politician) *
Victor Hugo Victor-Marie Hugo (; 26 February 1802 – 22 May 1885) was a French Romantic writer and politician. During a literary career that spanned more than sixty years, he wrote in a variety of genres and forms. He is considered to be one of the great ...
(writer and politician) *
Alphonse de Lamartine Alphonse Marie Louis de Prat de Lamartine (; 21 October 179028 February 1869), was a French author, poet, and statesman who was instrumental in the foundation of the Second Republic and the continuation of the Tricolore as the flag of France. ...
(writer and politician) *
Léon Gambetta Léon Gambetta (; 2 April 1838 – 31 December 1882) was a French lawyer and republican politician who proclaimed the French Third Republic in 1870 and played a prominent role in its early government. Early life and education Born in Cahors, Ga ...
(politician) *
Jean Jaurès Auguste Marie Joseph Jean Léon Jaurès (3 September 185931 July 1914), commonly referred to as Jean Jaurès (; oc, Joan Jaurés ), was a French Socialist leader. Initially a Moderate Republican, he later became one of the first social dem ...
(Socialist leader) *
Aristide Briand Aristide Pierre Henri Briand (; 28 March 18627 March 1932) was a French statesman who served eleven terms as Prime Minister of France during the French Third Republic. He is mainly remembered for his focus on international issues and reconciliat ...
(politician, long-time President of the Council and Minister) *
Gaston Leroux Gaston Louis Alfred Leroux (6 May 186815 April 1927) was a French journalist and author of detective fiction. In the English-speaking world, he is best known for writing the novel '' The Phantom of the Opera'' (french: Le Fantôme de l'Opéra, ...
(writer) *
Albert Camus Albert Camus ( , ; ; 7 November 1913 – 4 January 1960) was a French philosopher, author, dramatist, and journalist. He was awarded the 1957 Nobel Prize in Literature at the age of 44, the second-youngest recipient in history. His work ...
(writer) * Michel Foucault (philosopher) *
Robert Badinter Robert Badinter (; born 30 March 1928) is a French lawyer, politician and author who enacted the abolition of the death penalty in France in 1981, while serving as Minister of Justice under François Mitterrand. He has also served in high-lev ...
(attorney and Minister of Justice) *
Julien Clerc Paul Alain Leclerc (born 4 October 1947), known by his stage name Julien Clerc (), is a French singer-songwriter. Life Born in Paris, Clerc grew up listening to classical music in his father Paul Leclerc's home, while his mother Évelyne Merlot ...
(singer)


Notable advocates

*
Francis I of France Francis I (french: François Ier; frm, Francoys; 12 September 1494 – 31 March 1547) was King of France from 1515 until his death in 1547. He was the son of Charles, Count of Angoulême, and Louise of Savoy. He succeeded his first cousin on ...
*
Catherine De Medici Catherine de' Medici ( it, Caterina de' Medici, ; french: Catherine de Médicis, ; 13 April 1519 – 5 January 1589) was an Florentine noblewoman born into the Medici family. She was Queen of France from 1547 to 1559 by marriage to King H ...
* Cardinal Richelieu *
Henry IV of France Henry IV (french: Henri IV; 13 December 1553 – 14 May 1610), also known by the epithets Good King Henry or Henry the Great, was King of Navarre (as Henry III) from 1572 and King of France from 1589 to 1610. He was the first monarch ...
*
Louis XIII Louis XIII (; sometimes called the Just; 27 September 1601 – 14 May 1643) was King of France from 1610 until his death in 1643 and King of Navarre (as Louis II) from 1610 to 1620, when the crown of Navarre was merged with the French crown ...
*
Louis XIV , house = Bourbon , father = Louis XIII , mother = Anne of Austria , birth_date = , birth_place = Château de Saint-Germain-en-Laye, Saint-Germain-en-Laye, France , death_date = , death_place = Palace of Ver ...
*
Louis XV Louis XV (15 February 1710 – 10 May 1774), known as Louis the Beloved (french: le Bien-Aimé), was King of France from 1 September 1715 until his death in 1774. He succeeded his great-grandfather Louis XIV at the age of five. Until he reached ...
* Charles de Secondat, baron de Montesquieu (philosopher) *
Jean-Jacques Rousseau Jean-Jacques Rousseau (, ; 28 June 1712 – 2 July 1778) was a Genevan philosopher, writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment throughout Europe, as well as aspects of the French Revolu ...
(philosopher) *
Louis XVI Louis XVI (''Louis-Auguste''; ; 23 August 175421 January 1793) was the last King of France before the fall of the monarchy during the French Revolution. He was referred to as ''Citizen Louis Capet'' during the four months just before he was ...
* Marie Antoinette *
Napoleon Bonaparte Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader wh ...
* Napoleon II *
Napoleon III Napoleon III (Charles Louis Napoléon Bonaparte; 20 April 18089 January 1873) was the first President of France (as Louis-Napoléon Bonaparte) from 1848 to 1852 and the last monarch of France as Emperor of the French from 1852 to 1870. A nephew ...
* Louis XVIII * Charles X * Louis-Philippe I * Joseph De Maistre * Alexis De Tocqueville * Benjamin Constant (philosopher and politician) * Auguste Comte (philosopher) * Maurice Barrès (writer and politician) * Charles de Gaulle (President) (only for men; commuted half of the sentences) *
Jean-Marie Le Pen Jean Louis Marie Le Pen (, born 20 June 1928) is a French far-right politician who served as President of the National Front from 1972 to 2011. He also served as Honorary President of the National Front from 2011 to 2015. Le Pen graduated fro ...
(politician) * Alain Madelin (politician) * Robert Ménard (politician) * Éric Zemmour (writer and journalist)


References


Bibliography

*Hannele Klemettilä, Klemettilä, Hannele: ''The executioner in late medieval French culture''. Turun yliopiston julkaisuja. Sarja B, Humaniora. vol.268. Tuku: Turun Yliplisto, 2003. . {{Capital punishment in Europe Capital punishment in France, Law enforcement in France 1981 in France 1981 disestablishments in France Death in France