THE IMPACT OF THE DEATH OF THE ACCUSED AND CONVICTED ON THE ENFORCEMENT OF PUNISHMENTS: PERSPECTIVES FROM AFGHAN CRIMINAL LAW

Аннотация

It is an undeniable and fundamental principle that every individual is accountable for their criminal actions and consequently subject to punishment. Punishment serves not only as a necessary and legitimate means of social protection but also as an instrument for the rehabilitation of the offender. However, the implementation of certain forms of punishment—especially corporal penalties—may become impracticable or impossible when the accused or convicted individual passes away. It is therefore essential to determine which punishments are extinguished by the death of the offender and which remain unaffected. This study aims to explore the effects of the death of the accused and the convicted on the enforcement of punishments from the perspective of Afghan criminal law. Employing a library-based, descriptive-analytical approach, the researcher draws on relevant literature to investigate the issue. Findings reveal that if the accused dies during pre-trial judicial procedures—such as investigation or prosecution—the proceedings are halted and discontinued. Conversely, if the convicted dies following the issuance of a final court verdict, all corporal and capital punishments, including imprisonment and execution, become null and void. It is noteworthy, however, that the death of the accused terminates civil liabilities and confiscation of illicit assets, while the death of the convicted does not impede the enforcement of financial penalties, compensation claims, or the seizure of unlawful property.