Thief and his Penalty

A thief is convicted in Mexico. He gets the death penalty. The judge allows him to say the last sentence to determine how the penalty will be carried out. If the thief lies, he will be hanged, if he speaks the truth he will be beheaded. The thief tells the last sentence and to everybody's surprise some minutes later he is set free because the judge cannot determine his penalty. What did the thief say?

Thief Said: 'I shall be hanged!' If he were lying, he would be hanged. But that's what the thief was saying. So he speaks the truth. But if he spoke the truth, he would be beheaded, so then he was not telling the truth. So it is impossible for the judge to determine whether the person speaks the truth or not. So therefore the judge cannot determine the penalty and set him free.

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