Capital crimes are: premeditated murder, torture, aggravated theft, treason and offences against the State. Niger has not imposed the death penalty since 1976.

Capital crimes are: premeditated murder, torture, aggravated theft, treason and offences against the State. Niger has not imposed the death penalty since 1976.
Following over 40 years of independence, since 1960, Niger’s National Assembly adopted a new criminal code in May 2003. The new code introduced punishments of death for infringement of international humanitarian laws such as crimes against humanity, slavery, summary executions, deportation and torture.
The death penalty is also provided for in the military justice code adopted in December 2002. The code established a military court to deal with crimes of a military nature. The last death sentences were passed in July and August 1985, according to AI, when 12 Tuaregs, arrested after an attack on Tchin Tabaraden police station, were sentenced to death by an emergency military court. Seven of the 12 had their sentence commuted to lifetime imprisonment by President Ali Saïbou in November 1987. This sentence was reduced to 30 years in July 1988. The last executions were those of Commander Bayéré Moussa, Captain Sidi Mohamed and Ahmed Mouddour, general secretary of the trade union confederation UNTN. They were sentenced to death by the State Security Court for their participation in the attempted coup d’état of March 1976. At this trial, six other people were also sentenced to death, two in their absence, but they were subsequently pardoned.
On December 18, 2007 Niger abstained on the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.
On December 18, 2008 and December 21st, 2010, Niger abstained on the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.