As far back as the Ancient Laws of China, the death penalty has been established as a punishment for crimes. In the 18th Century BC, the Code of King Hammurabi of Babylon codified the death penalty for twenty five different crimes, although murder was not one of them. The first death sentence historically recorded occurred in 16th Century BC Egypt where the wrongdoer, a member of nobility, was accused of magic, and ordered to take his own life. During this period non-nobility was usually killed with an ax.

In the 14th Century BC, the Hittite Code also prescribed the death penalty. The 7th Century BC Draconian Code of Athens made death the penalty for every crime committed. In the 5th Century BC, the Roman Law of the Twelve Tablets codified the death penalty. Again, the death penalty was different for nobility, freemen and slaves and was punishment for crimes such as the publication of libels and insulting songs, the cutting or grazing of crops planted by a farmer, the burning of a house or a stack of corn near a house, cheating by a patron of his client, perjury, making disturbances at night in the city, willful murder of a freeman or a parent, or theft by a slave. Death was often cruel and included crucifixion, drowning at sea, burial alive, beating to death, and impalement (often used by Nero). The Romans had a curious punishment for parricides (murder of a parent): the condemned was submersed in water in a sack, which also contained a dog, a rooster, a viper and an ape.The most notorious death execution in BC was about 399 BC when the Greek philosopher Socrates was required to drink poison for heresy and corruption of youth.