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I get what you're saying. However, there being no theocracy in Israel at the time of Roman occupation did not stop regular citizens from picking up stones to stone someone.Death penalty civil laws under a theocracy cannot be applied when the theocracy no longer exists. Both the "Baptist Confession of Faith" section 19 , and the Westminster Confession of Faith section 19 - also affirm this fact - so it is not just Sabbath keeping groups like SDAs that admit to it.
Once Greece and Rome became rulers over Israel - it was no longer a theocracy and could not simply enforce all of its civil laws as if it had no other earthly ruler that now dictated what could be viewed as a death-penalty offense. Christ did not "change" that when He came - He simply left it as is. Even the Jews at Christ's trial complained that they had no authority to issue a death sentence only Rome could do that.
When Christ was put on trial before Pilate He was challenged on this very point as to whether He was "King" of the Jews - the theocratic head/ruler of Israel. And He rejected that office saying that IF it were true that He was actually the king of the nation on this Earth - ruling as He wills over the nation in earthly matters - then His earthly soldiers/servants would fight to protect Him from capture.
Under a theocracy God is literally the earthly ruler of the nation, he sets the laws and administers justice in day to day affairs as He did in the wilderness for Israel -- with Urim and Thumim rendering yes/no decisions day by day, and fire come down from God to destroy evil doers in the camp when the Earth was not opening up and swallowing those evil-doers alive.
To this very day there is no longer a God-ordained theocracy on Earth.
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