Murder, treason, spying and offences against the State are capital crimes.

Murder, treason, spying and offences against the State are capital crimes.
The 1992 Constitution fully abolished the death penalty, which is still provided for in the Penal Code. The last execution was carried out in October 1982, when two men went before a firing squad for murder.
The country's first multi-party elections in 1992, won by Pascal Lissouba, were disputed, leading to a first bout of internal strife in 1993. In 1997 a full-scale civil war broke out. Former marxist military ruler Denis Sassou Nguesso won power again in 1997 with the help of Angola, ousting the then President Pascal Lissouba and his Prime Minister Bernard Kolelas, who were then condemned to death in absentia for crimes committed during the civil war.
Militia loyal to Kolelas and Lissouba took up arms in mid-1998, leading to fresh clashes that put hundreds of thousands of civilians (reportedly 800,000) to flight in 1999 in the capital's southern suburbs and in the south of the country.
Peace deals between the government and militia commanders in November and December 1999 halted the fighting. Some rebels continued to fight government forces in the southern Pool region until another peace deal was signed in March 2003.
In 2002, the first political elections held since 1992 were won by Denis Sassou-Nguesso, who started a seven-year term in March of that year. Former President Pascal Lissouba and former Prime Minister Bernard Kolelas were excluded from taking part by a residency law. A new constitution giving the president more powers was adopted by referendum in January 2002.
In August 2007, on the occasion of the national holiday, all death-sentences were commuted to hard labor for life by the head of state. Reports indicate that 17 death-sentenced prisoners were affected by the presidential decree.
On 30 October 2013, the Republic of Congo was reviewed under the Universal Periodic Review of the UN Human Rights Council. The Government said that the Congo had not applied the death penalty since 1982. As such, the country was considered to be de facto abolitionist. The question of the legal abolition of the death penalty was under consideration, taking into account change in attitude towards the matter. However, it accepted all the recommendations regarding the abolition of the death penalty.
On December 19, 2016, Congo co-sponsored and voted in favour of the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly, as in previous years.