The Death Penalty in the OSCE Area European Union Extract from the Charter of the Fundamental Rights of the European Union Article 2 Right to Life 1. Everyone has the right to life. 2. No one shall be condemned to the death penalty, or executed. Extract from EU Guidelines on the Death Penalty: revised and updated version, 2008 III. Minimum standards paper Where states insist on maintaining the death penalty, the EU considers it important that the following minimum standards should be met: i) Capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences. The death penalty should not be imposed for non-violent acts such as financial crimes, religious practice or expression of conscience and sexual relations between consenting adults nor as a mandatory sentence. ii) Capital punishment may be imposed only for a crime for which the death penalty was prescribed at the time of its commission, it being understood that if, subsequent to the commission of the crime, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby. iii) Capital punishment may not be imposed on: • persons below 18 years of age at the time of the commission of their crime; • pregnant women or new mothers; • persons who have become insane. iv) Capital punishment may be imposed only when the guilt of the person charged is based upon clear and convincing evidence leaving no room for alternative explanation of the facts. 32