It is a common misconception that Babylonian laws were overtly harsh. For example, in most societies those days many crimes that in Babylon would mean that the criminal had to compensate for the damage caused/property stolen (usually tenfold) – would mean that the perpetrator would instantly be put to death. Though in case if the criminal had nothing to pay with, he’d be executed. One could say that they were not especially harsh for the time, instead were more fair and just than most.
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Babylonian laws were very advanced for their time, Code of Hammurabi has one of the earliest examples of the idea of presumption of innocence, and also gives right for both the accuser and accused to be able to present evidence.
Code of Hammurabi also recognizes importance of intent. For example, person accidentally causing death of another person would only be fined, and not to be put to death himself.
