Where the offender is known for evil deeds or where the murder was committed in a particularly heinous fashion or upon two or more persons, or where the offender has committed deliberate murder before, or where the murder was committed in preparation for the committing of another crime or to conceal one, or where the victim was a pregnant woman or an officer or agent of a public service during or because of or on the occasion of the performance of his duty or service, the offender may be sentenced to death even where the right of retaliation has been waived.” Article 434 of the Code of Criminal Procedure provides that “Where an offender is sentenced to death or to retaliation resulting in loss of life or limb, the Department of Public Prosecutions shall be required, even where no appeal has been entered, to submit the case to the Supreme Court with an accompanying brief stating its own view, and that Court may set the sentence aside.” Article 469 of the Code of Criminal Procedure states, “No one may be punished for any crime unless he has been convicted and sentenced in due form by a competent court of law.” Article 479 of the Code of Criminal Procedures states, “No sentence of death, doctrinal punishment or retaliation shall be carried out upon the convicted person until after the President of the Republic has ratified the sentence.” Article 480 of the Code of Criminal Procedure states, “The President of the Republic shall issue a decree authorizing the sentence, doctrinal punishment or retaliation to be carried out.
- Artículo 434 del Código de Procedimiento Penal. "Si se condena a un delincuente a la pena capital o a una pena en represalia que consista en la pérdida de la vida o la mutilación, el ministerio fiscal tendrá que someter el caso al Tribunal Supremo, incluso en ausencia de apelación, junto con un informe en el que exponga su propia opinión y el Tribunal Supremo podrá revocar la condena. "