God gave the death penalty TO sinners.
"For all have sinned... the wages of sin is death..." (Romans 3:23; 6:23)
God alone has the power to do what He wants FOR sinful humans after death. So, what will that be?
“You see, at just the right time, when we were still powerless, Christ died for the ungodly. Very rarely will anyone die for a righteous person, though for a good person someone might possibly dare to die. But God demonstrates His own love for us in this: While we were still sinners, Christ died for us. Since we have now been justified by His blood, how much more shall we be saved from God’s wrath through Him! For if, while we were God’s enemies, we were reconciled to Him through the death of His Son, how much more, having been reconciled, shall we be saved through His life! Not only is this so, but we also boast in God through our Lord Jesus Christ, through whom we have now received reconciliation.” (Romans 5:6-11)
God intends to actually save the ungodly after their death, not torment them. He is merciful and loving and says he will resurrect the dead, changed into the image of Jesus.
“So will it be with the resurrection of the dead, the body that is sown is perishable, it is raised imperishable; it is sown in dishonor, it is raised in glory; it is sown in weakness, it is raised in power; it is sown a natural body, it is raised a spiritual body…the spiritual did not come first, but the natural, and after that the spiritual…and just as we have borne the image of the earthly man, so shall we bear the image of the heavenly man." (1 Corinthians15:42-49)