Some believe the thief died under the new covenant and not the old covenant because the thief died after Jesus died (John 19:30-33; Hebrews 9:15-17). While it is true that the thief died after Jesus died, the terms of the new covenant were not issued until Jesus taught the commission to the apostles after His resurrection (Matthew 28:18-20; Mark 16:14-20; Luke 24:44-49; John 20:21-23; Acts 1:1-8). Part of obeying the gospel under the new covenant is not only water baptism for the remission of sins but also believing/confessing that Jesus is the Son of God and that God raised Jesus from the dead (not that God “would” raise Jesus from the dead, but that He already raised Him from the dead, Romans 10:9-10). The thief died while the old covenant was still in effect.