Death Penalty 165. Zambian legislation contains the death penalty as a severe form of punishment although; in practice, Government has not exercised the death penalty since 1997. A. LEGISLATIVE MEASURES The Constitution 166. Article 59 of the Constitution entitles a person to seek pardon or commutation of sentence where the death penalty has been imposed on that person. Penal Code 167. The death penalty is only mandatory in cases of treason, murder and aggravated robbery as provided in the Penal Code in Sections 43; 200 and 294 respectively. It is the view of the State party that these are the most serious crimes in its territory. 168. The sentence of death in murder cases depends on the circumstances of the case. If extenuating circumstances are proved by the accused in the proceedings, the charge will be reduced to manslaughter as provided in Section 201(b) of the Penal Code. In this case the accused will be given a sentence other than the death penalty. 81