The answer
St. Augustine (354–430 A. D.) believes that neither the judge who imposes the death penalty justly according to the law, nor the person who carries out this sentence, is committing murder.
St. Augustine also treats the conundrum of a Christian judge who sentences an accused person to death, not realizing that the accused is actually innocent and has been treated unjustly, and that the case against him was built on false testimony. He says that so long as the judge was not negligent, did everything possible to find the truth, and bears no personal animosity towards the accused, he bears no blame in this situation, for he did what he had to do. Thus, he should always cry out to God: “From my necessities deliver me” (cf. Ps 25:17).1001
Fr. Tadros Yacoub Malaty
Notes
1001 St. Augustine of Hippo, City of God 19.6 (NPNF I/1:405).