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Capital punishment, the death penalty or execution, is the killing of a person by judicial process as punishment. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from Latin capitalis, literally "regarding the head" (Latin caput). Hence, a capital crime was originally one punished by the severing of the head.

Common in virtually every society, excluding only those with state religious proscriptions against it until modern times, it is a matter of active controversy in various states and there is no consistency of position within political tendencies such as capitalist or communist or cultural regions, except in Western Europe where there is a general consensus that the practice is barbaric. In general, the latter position is more commonly found in the more advanced/developed provincial units within federal states that have the authority to legislate it and in the countries considered more advanced generally in terms of human development.

Historically, the execution of criminals and political opponents was used by nearly all societies—both to punish crime and to suppress political dissent. In most places that practice capital punishment today, the death penalty is reserved as punishment for murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery, incest and sodomy, carry the death penalty, as do religious crimes such as apostasy (the formal renunciation of the State religion). In many retentionist countries (countries that use the death penalty), drug trafficking is also a capital offense. In China, human trafficking and serious cases of corruption are also punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offenses such as cowardice, desertion, insubordination, and mutiny.^[1]

The use of formal execution extends at least to the beginning of recorded history. Most historical records as well as various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishment for wrongdoing generally included compensation by the wrongdoer, corporal punishment, shunning, banishment and execution. However, within a small community, crimes were rare and murder was almost always a crime of passion. Moreover, most would hesitate to inflict death on a member of the community. For this reason, execution and even banishment were extremely rare. Usually, compensation and shunning were enough as a form of justice.^{[citation needed]}

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