This is why it is common to word the sentence: You shall be hanged by the neck until you are dead.
An error in declaring someone dead does not affect the sentence. If, for what ever reason, the person is not dead, the sentence has not been fully carried out.
A malfunction of the execution apparatus, including a human error, does not invalidate the original sentence.
For humanitarian reasons, it may be decided to spare the prisoner the anguish of re-experiencing the execution action. But that is a choice of the state, not a guarantee to the prisoner.
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abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.
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