Does extreme use of capital punishment in ANE & Mosaic laws attest to a universal recognition of God's wrath, or God's tolerance of universal cruelty?

If you read any of the ancient near east (ANE) codes such as Hammurabi's Code of Laws there is a strikingly similiar severity in the widespread use of capital punishment. This gives a similiar feel to reading the Mosaic laws. Although the Mosaic laws differ substantially in their higher status and justice, for example rights given to slaves, the Mosaic laws still use capital punishment equally, if not more severely, than the ANE laws. For example, what would seem as a small religious infraction in a post-New Testament influenced culture, such as 'gathering sticks on the Sabbath', the Old Testament strictly mandated group stoning of the criminal (Numbers 15:32)! This might even seem 'severe' and even raise an eyebrow from Hammurabi's people. The question I ask then is: '**Under an infallabillity of scripture belief**, does this widespread and frequent use of capital punishment in ANE & Mosaic laws attest to an innate recognition of God's wrath under the Old Testament economy, or God's tolerance of cruel societies that coincidentally happened to steer towards a more merciful paradigm after the New Covenant? Or something else?' ---------- Related more general question: Mosaic Laws derived/related to ANE laws?