The paper applies to the issue of the death penalty, which still arouse a lot of controversy around the world. Initially is described one of the ground-breaking judgments of the Supreme Court of United States - Gregg v. Georgia (1976). In opinions expressed in this case we can find arguments which explain why capital punishment still exist in american legal system. On the other hand article shows the brief history of death penalty in Poland and the circumstances of removing it from code penalties. A lot of attention has been paid to the possibility of restoring this penalty in Poland and other european countries. Analyze of this potential situation most of all is considering the applicable acts of international and european law. Finally author is looking for the reason of this significant difference between The United States and European perception of the capital punishment.