In debates on the death penalty, the position of Saint Augustin is often invoked by way of legitimisation. It has been so for centuries. In fact, various of his writings and indeed some of the most important and influential take this line. They do not question current Roman law. However, if we take his writings as a whole, certain texts stand out, especially letters addressed to the judicial authorities, in which he expressly appeals for the death penalty not to be applied. And this for Gospel-related reasons and as a matter of coherence with the faith. The intercessio episcopalis is situated in this position, between civil penal law, which admits of it, and the Gospel of pardon, of mercy and of the opportunity for repentance.