Life imprisonment

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Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime, often for most or even all of the criminal's remaining life, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually 100 years) a prisoner may be incarcerated, or require the possibility of parole after a set amount of time. Examples of crimes which can result in life imprisonment include murder and rape and drug trafficking under American RICO laws, especially if the person in question has committed these acts multiple times.

In almost all jurisdictions without capital punishment, life imprisonment (especially without the possibility of parole) constitutes the most severe form of criminal punishment. Only a small number of jurisdictions have abolished both.

Contents 1 World view 2 Children under 18 3 Countries with life imprisonment 3.1 Argentina 3.2 Australia 3.2.1 In the Northern Territory 3.3 Belarus 3.4 Belgium 3.5 Canada 3.6 China 3.7 Cyprus 3.8 Denmark 3.9 Estonia 3.10 England and Wales 3.11 Finland 3.12 France 3.13 Germany 3.14 Hungary 3.15 India 3.16 Indonesia 3.17 Ireland 3.18 Israel 3.19 International Law 3.20 Italy 3.21 Japan 3.22 Kazakhstan 3.23 Kiribati 3.24 Latvia 3.25 Malaysia 3.26 Netherlands 3.27 New Zealand 3.28 Nigeria 3.29 North Korea 3.30 Pakistan 3.31 Peru 3.32 Poland 3.33 Romania 3.34 Russia 3.35 Slovakia 3.36 Slovenia 3.37 South Africa 3.38 South Korea 3.39 Sweden 3.40 Switzerland 3.41 Taiwan 3.42 Turkey 3.43 United Kingdom 3.44 United States 3.44.1 Indeterminate and Determinate Life Sentence 3.44.2 Three Strikes Law 3.45 Uzbekistan 3.46 Vietnam 4 Countries without life imprisonment 4.1 Austria 4.2 Bolivia 4.3 Bosnia and Herzegovina 4.4 Brazil 4.5 Colombia 4.6 Croatia 4.7 Dominican Republic 4.8 Ecuador 4.9 Greece 4.10 Macau 4.11 Mexico 4.12 Nepal 4.13 Norway 4.14 Philippines 4.15 Portugal 4.16 Republic of the Congo 4.17 Serbia 4.18 Spain 4.19 Uruguay 4.20 Venezuela 5 See also 6 Notes 7 External links

[edit] World view

[edit] Children under 18

Like other areas of criminal law, sentences handed to minors may differ from those given to legal adults. A few countries worldwide allow for minors to be given lifetime sentences that have no provision for eventual release. (Although South Africa does allow life imprisonment for children below 18 years of age, it is with the possibility of release. In terms of parole laws, a person sentenced to life will be eligible for parole after serving 25 years.) Of these, only the United States actually have minors serving such sentences, according to an updated 2008 joint study by Human Rights Watch and Amnesty International. As of May 2008, Human Rights Watch has calculated that there are 2,484 youth offenders serving life without parole in the United States.^[1]

[edit] Countries with life imprisonment

[edit] Argentina

Argentina is one of the few countries in South America where life imprisonment is legal. Life imprisonment is mandatory when the murder is committed by a relative of the victim, when it is committed by and/or against a police officer, and when it is aggravated with armed robbery or rape. Serial rape and treason also carry a sentence of life imprisonment. If a person is sentenced to prisión perpetua, they could be eligible for parole after serving between 13 and 25 years, but if a person is sentenced to reclusión perpetua, the prisoner will spend the rest of their life in prison.

[edit] Australia

For serious offences including treason, murder, and commercial drug trafficking, the State Supreme Courts may sentence criminals to life imprisonment with a non-parole period of at least 10 years, or at least 20 years if the prisoner is convicted of the murder of a police officer. Life imprisonment is mandatory for murder in Queensland and South Australia; in New South Wales and the ACT, life imprisonment for murder is for the remainder of the life of the prisoner unless clemency is granted by the Governor or Governor-General. The Federal Government can only pursue cases involving a penalty of life imprisonment where the states cannot do so.

In the most extreme cases, the sentencing judge can refuse to fix a non-parole period, which means that the prisoner will spend the rest of their life in prison. Notorious criminals serving life imprisonment without parole include backpacker killer Ivan Milat (New South Wales), sex killers Peter Dupas (Victoria) and Lloyd Clark Fletcher (Queensland), child killer Dante Arthurs (Western Australia), Snowtown serial killers John Bunting and Robert Wagner (South Australia), Port Arthur gunman Martin Bryant (Tasmania), and police killer David Eastman (Australian Capital Territory).

Katherine Knight and Catherine Birnie are the only women serving life imprisonment without parole. It should be noted that Hoddle Street gunman Julian Knight is serving a non-parole period of 27 years, as the state of Victoria did not officially have provision for life imprisonment without parole until 1997, and Knight was a young offender, being aged 19 at the time of the murders.

The longest non-parole period imposed is 35 years, being served by five prisoners, four Victorian and one South Australian: Bega schoolgirls killer Lindsay Hoani Beckett, double police killer Jason Joseph Roberts, gangland hitman Carl Williams, CBD gunman Christopher Wayne Hudson, and Robert Geoffrey Reardon, who stabbed a restaurant owner repeatedly during an armed robbery (serial killer James William Miller was sentenced to six consecutive life terms with a non-parole period of 35 years in 1980 but he died of cancer in 2008). The longest non-parole period imposed on a woman is 31 years, being served by Western Australians Jessica Ellen Stasinowsky and Valerie Paige Parashumti, who bludgeoned and strangled their flatmate, Stacey Mitchell, before disposing of her body in a wheelie bin.

[edit] In the Northern Territory

Life imprisonment is mandatory for murder. A murder conviction carries a standard non-parole period of 20 years, but the sentencing judge can either reduce the non-parole period to not less than 10 years or extend the non-parole period to not more than 25 years.

There is also provision for the crime of aggravated murder, which applies in cases of premeditated murder (including contract killing), multiple/serial murder, child murder, rape murder, and the murder of a police officer or other public official. An aggravated murder conviction carries a minimum non-parole period of 25 years, but the sentencing judge can extend the non-parole period or, in the most extreme cases, refuse to fix a non-parole period, which means that the prisoner will spend the rest of their life in prison. There are three prisoners at present serving life imprisonment without parole: sex killers Martin Leach and Andrew Albury, and serial pedophile William Gordon Turner.

The longest non-parole period imposed is 30 years being served by Douglas Crabbe, who drove his Mack Truck into a motel bar at Uluru, killing five patrons. The longest non-parole period imposed for a single murder is 28 years being served by Bradley Murdoch, who shot dead British backpacker Peter Falconio. No women have yet been sentenced to life imprisonment in the Northern Territory.

[edit] Belarus

The prisoner will be required to serve at least 25 years before they become eligible for parole. Life imprisonment was introduced in Belarus in 1995; if no changes in law are made, prisoners will become eligible for parole in 2020.

As of 2008, the maximum penalty for a person who was under eighteen at the time of the offence is 15 years imprisonment.

[edit] Belgium

Contrary to popular belief, life sentences are not automatically commuted to 30 years imprisonment. The prisoner is eligible for parole after serving 10 years (or 16 years if the prisoner is a recidivist). No life sentence comes without the possibility of parole, nor is it irreducible.

A prisoner may be detained beyond the end of their "life" term if the trial court adds a security period "at the disposal of the government", though this time is determinate, and must be imposed by the court at sentencing. ^[2]

[edit] Canada

Life imprisonment in Canada means that an offender will be under state supervision, whether in prison or in the community. High treason and first degree murder carry a mandatory sentence of life imprisonment with a parole ineligibility period of 25 years, but in the case of first-degree murder, someone who has been convicted of a single murder could have their parole ineligibility period reduced to no less than 15 years under the Faint hope clause.

Second degree murder carries a mandatory sentence of life imprisonment with a parole ineligibility period of 11–25 years. There is no guarantee that parole will be granted to an offender, as if the National Parole Board determines that an offender still poses a risk to society, that person may be detained in prison past the parole eligibility period.^[3]

The courts may apply a dangerous offender designation, which is in fact an indeterminate sentence: no minimum and no maximum, but a parole review occurs after 7 years and every 2 years after that. Current sentencing guidelines ensure that except in the case of murder, both a life sentence and the "dangerous offender" designation are rarely used, even when the offender is found guilty for particularly grievous offences.

Offenses under the Criminal Code of Canada that carry a maximum penalty of life imprisonment in Canada (with a parole ineligibility period of 7 years) include treason, piracy, mutiny, hijacking, endangering the safety of an aircraft or an airport, endangering the safety of a ship or fixed platform, robbery, breaking and entering into a dwelling house, kidnapping, attempted murder, manslaughter, accessory after fact to murder, causing death by street racing, impaired driving causing death, causing death by criminal negligence, killing an unborn child in the act of birth, and aggravated sexual assault. However, life sentences are rarely ever handed out for any of these offenses.

Under the Controlled Drugs and Substances Act, trafficking, exporting or production of schedule I or II substances carries a potential life sentence.

[edit] China

Life imprisonment theoretically means imprisonment until the prisoner dies. Parole is possible after 10 years, but murderers and repeat offenders do not have the possibility of release on parole; however, commutation is possible even in that case.

[edit] Cyprus

The prisoner is eligible for parole or pardon after serving twenty years.

[edit] Denmark

A life sentence (Livsvarigt fængsel in Danish) theoretically means life without parole: that prisoners will spend the rest of their lives in prison. However, prisoners are entitled to a pardoning hearing after 12 years, and upon motion of the minister of justice, the Danish King or Queen may grant a pardon, subject to a 5-year probationary period.[1]

Prisoners sentenced to life imprisonment serve an average of 16 years, more for cases considered to be particularly grave. The only example in modern times of an individual serving significantly more than 16 years in prison is Palle Sørensen, who served 33 years for a quadruple police murder. Criminals considered dangerous can be sentenced to indefinite detention, and such prisoners are kept in prison until they are no longer considered dangerous (normally used for mentally ill criminals). On average, they serve 9 years before being released and then they will remain on probation for 5 years. However prisoners eligible for a life sentence are usually not given indefinite detention, as it is considered a lesser sentence than life.

The maximum penalty for persons who were under 18 at the time of their crime is 8 years imprisonment, or indefinite detention can be imposed.

[edit] Estonia

Life imprisonment means imprisonment until death. It is theoretically possible that the president may grant clemency, allowing the possibility of parole, however, it has never happened. The maximum sentence for persons who have committed their crimes while under 18 years of age is 20 years imprisonment.[2]

[edit] England and Wales

Murder has long carried a mandatory life sentence in England and Wales^[4], the minimum period before the murderer can apply for parole is set by the judge however, and there is no first degree or second degree murder definition, however there have been plans to introduce such a definition

A life sentence is a prison term of indeterminate length and in some exceptionally grave cases, a recommendation can be made that a life sentence should mean life. Formerly, the Home Secretary reserved the right to set the "tariff", or minimum length of term, for prisoners sentenced to life imprisonment, but politicians were stripped of this power in November 2002 after a successful challenge by convicted double murderer Anthony Anderson. Anderson had been sentenced to life imprisonment in 1988 with a recommended minimum term of 15 years, but the Home Secretary later informed him that he would have to serve at least 20 years.

Since then, judges have been obliged to recommend a minimum term and only the Court of Appeal or the House of Lords Judicial Committee can make any amendments to the sentence. Though politicians can no longer decide how long a life sentence prisoner spends behind bars, the Attorney General still has the power to petition the Court of Appeal in a bid to increase any prison terms which are seen as unduly lenient.

The Criminal Justice Act of 2003 set out guidelines for how long murderers should spend in prison before being considered for parole. This legislation highlighted the recommendation that multiple murderers (the murder of two or more people) whose crimes involved sexual abuse, pre-planning, abduction or terrorism should never be released from prison, which is known as a whole life tariff(elsewhere known as life without the possibility of parole), while other multiple murders (two or more) should carry a recommended minimum of 30 years. A 30-year minimum should also apply to the worst single murders, including those with sexual or racial motives, the use of a firearm as well as the murder of police officers. Most other murders should be subject to a 15-year minimum. Inevitably, there have been numerous departures from these guidelines since they were first put into practice. For example, the judge who sentenced police killer David Bieber recommended that he should never be released from prison, whereas government guidelines recommended a 30-year minimum for such crimes. On 23 July 2008, Bieber was told by the High Court that he would not have to serve a full life sentence, as originally recommended by the trial judge, but would still have to serve a minimum of 37 years before being considered for parole, meaning that he is set to remain in prison until at least 2041 and the age of 75. And in the case of Mark Goldstraw, who killed four people in an arson attack on a house in Staffordshire, the trial judge set a recommended minimum of 35 years—as the crime included planning and resulted in the deaths of four people, it might have been expected to come under a category of killings which merited a whole life tariff.

[edit] Finland

Historically, the President of Finland has been the only person with the power to grant parole to the convicts imprisoned for life (see presidential pardon). Starting on October 1, 2006, this power has also been given to the Helsinki Court of Appeal (Helsingin hovioikeus/Helsingfors hovrätt), and has been effectively transferred there. A life prisoner is considered for parole after serving 12 years. If the parole is rejected, a new parole hearing is scheduled in 2 years. If the parole is accepted, 3 years of supervised parole follows until full parole, assuming no violations. If the convict was less than 21 years of age when they committed the crime, the first parole hearing is after 10 years served.

The maximum penalty for an offender who was under 18 years of age is 15 years, with possibility of parole after 7½ years.

In February 2009 triple murderer Nikita Fouganthine was paroled after serving 20 years in prison.

[edit] France

Life imprisonment can be imposed for aggravated murder, treason, terrorism, drug trafficking and other serious felonies resulting in death or involving torture. ^[5] There is an average of 25 sentences of life imprisonment per year and there are 550 inmates currently jailed for life.

Inmates jailed for life are normally required to serve a safety period of 18 years, but recidivist offenders are required to serve a safety period of 22 years before they become eligible for parole ^[6][7]. In the case of child murder involving rape or torture, the court can impose a safety period of up to 30 years, or order that the prisoner is to spend the rest of his or her life in prison ^[8].

It is possible to give a reduction of the safety period for serious signs of social re-adaptation (even if the court has ordered that the prisoner is to spend the rest of his or her life in prison, ^[9]) and it is possible to be freed before the safety period for serious health reasons. ^[10]

From 2009, the maximum penalty for persons who were under 16 years of age at the time of their crime is 20 years imprisonment, with eligibility for parole in 10 years.

[edit] Germany

A prisoner sentenced to life imprisonment (lebenslange Freiheitsstrafe) can normally apply for parole after having served 15 years. If the court has determined a "particular gravity of guilt" exists (besondere Schwere der Schuld), the prisoner can apply for parole after 18 years. In extreme cases, the court can even extend the minimum time to serve beyond 18 years; some East German government officials and RAF terrorists will be required to serve at least 26 years before becoming eligible for parole. Paroled prisoners usually will have to stay in regular contact with a civilian "parole helper" (Bewährungshelfer) for the remainder of their terms - in case of life imprisonment, for the remainder of their life.

The German Constitutional Court has found life imprisonment without the possibility of parole to be antithetical to human dignity, the most fundamental concept of the present German constitution. That ruling does not mean that every convict has to be released, but that every convict must have a realistic chance for eventual release, provided that they are not considered dangerous any more. Displays of contrition or appeals for mercy are not a condition for such a release. There is considerable popular opposition to the application of this ruling in the case of East German government officials and Red Army Faction terrorists.

The average time served for a life sentence in Germany is 21½ years. The record time served is held by a convicted mass murderer and rapist who was imprisoned for 49 years (1959 till his death in late 2008). ^[11] 20% of all prisoners sentenced to life imprisonment actually die in prison.

In cases where the convict is found to pose a clear and present danger to society, the sentence may include a provision for "preventive detention" (German: Sicherungsverwahrung) after the actual sentence. This is not considered a punishment, but a protection of the public, and elements of prison discipline that are not directly security-related will be relaxed for those in preventive detention. The preventive detention is prolonged every two years until it is found that the convict is unlikely to commit further crimes. Preventive detention may last for longer than 10 years, and is used only in exceptional cases. Since 2004, it is also possible for preventive detention to be ordered by a court after the original sentencing if the danger that a criminal poses upon release becomes obvious only during their imprisonment.

For a person under the age of 18 (or under the age 21 if the person is not considered to be of adult maturity) the maximum penalty is 10 years imprisonment.

[edit] Hungary

Life imprisonment (életfogytiglan in Hungarian) can be given to any individual above the age of 18. The court determines a period of between 20 and 40 years after which the prisoner will be eligible for parole, or in the worst cases, the prisoner can also be condemned to an actual life imprisonment (tényleges életfogytiglan) that excludes the possibility of parole. However, the President of Hungary has the power to end the prisoner's sentence by granting a pardon anytime.

[edit] India

In India, life imprisonment [oumr caid ( उम्र कैद )] used to be widely understood as one lasting between 14 and 100 years, depending on the severity and recurrence of the crimes and callousness. India also carries a sentence of 10 years to life imprisonment for homosexuality. However, recent rulings by the Indian Supreme Court on a case against Jahid Hussain in the state of West Bengal who held a life convict for a period of 21 years in prison reaffirmed that life imprisonment should be treated as imprisonment of the convict for the remainder of their natural life, unless the government exercises its discretion to reduce the life term of the convict considering their good behavior and a guarantee that the convict will never commit an offense, especially one that could cause physical or mental harm to another human being or innocent animal, after being released.

[edit] Indonesia

The prisoner must serve at least 5 years before becoming eligible for parole, though the sentence generally ranges from 10 to 80 years.

[edit] Ireland

A life sentence in Ireland lasts for life, albeit not life imprisonment, as not all of the life sentence is generally served in prison custody. The granting of temporary or early release of life sentenced prisoners is a feature of the Irish prison system handled by the Minister for Justice, Equality and Law Reform.

In deciding on the release from prison of a life sentenced prisoner, the Minister will always consider the advice and recommendations of the Parole Board of Ireland. The Board, at present, initially reviews prisoners sentenced to life imprisonment after seven years have been served. Prisoners serving very long sentences, including life sentences, are normally reviewed on a number of occasions over a number of years before any substantial concessions would be recommended by the Board. The final decision as to whether a life sentenced prisoner is released rests solely with the Minister. The length of time spent in custody by offenders serving life sentences can vary substantially. Of those prisoners serving life sentences who have been released, the average sentence served in prison is approximately twelve years. However, there are prisoners serving life sentences in Ireland who have spent in excess of thirty years in custody.

Being found guilty of murder or treason in Ireland automatically qualifies a prisoner for a life sentence.

[edit] Israel

Life imprisonment is a mandatory sentence for murder, unless the defendant has special circumstances for reduced sentence. Normally, after several years the life sentence is reduced by the president to a period of 20 to 30 years, which can be further reduced by a third if the defendant shows good behaviour in prison.

In special legislation, the possibility of reducing a life sentence was denied to Yigal Amir, who murdered prime minister Yitzhak Rabin in 1995.

[edit] International Law

The Rome Statute of the International Criminal Court stipulates that all life sentences for the gravest forms of crimes (e.g. war crimes, crimes against humanity and genocide) should be reviewed by the court after the prisoner has served 25 years.

[edit] Italy

Life imprisonment (ergastolo in Italian) has an indeterminate length.

After 10 years (8 in case of good behavior) the prisoner may be given permission to work outside the prison during the day and/or to spend up to 45 days a year at home, and after 26 (or 21 in case of good behavior) years, they may be paroled. The admission to work outside the jail or to be paroled needs to be approved by a special court (Tribunale di Sorveglianza) which determines whether or not an inmate is suitable for libertà condizionata (parole). Prisoners sentenced for associations with mafia activities or terrorism that do not cooperate with the authorities are ineligible for parole, and thus will spend the rest of their life in prison.

An inmate that has received more than one life sentence is also required to spend a period from 6 months to 3 years in solitary confinement.

In 1994, the Constitutional Court ruled that giving a life sentence to a person under the age of 18 was unconstitutional.

[edit] Japan

A life sentence (muki choueki) is one of the most severe punishments available, second only to the death penalty. Consisting of life sentence with the option of parole, a prisoner given a life sentence must spend at least 10 years in prison before they may have a chance at parole. But over the years the time spent in prison has become longer, and in 2005 was about 27 years. In addition, all prisoners have served at least 20 years.^[12][13] According to the survey by Center for Prisoners' Rights in Japan, in 2000 there were 2 prisoners who had served over 50 years without parole.^[14] Ikuo Hayashi, Daisuke Mori and Hiroshi Ogawa are currently serving life imprisonment. Though Japan has the death penalty, incarceration in Japan is typically short. Even serious assault and rape convictions might result in a suspended sentence if it is the first offense. The rate of re-offending for most released prisoners is low, and the popularity of the death sentence is generally attributed to retribution. Those who are against the death penalty are calling for alternative longer sentences, with more than 10 years before being able to get parole, or shushin kei (an actual life sentence with no possibility of parole).

[edit] Kazakhstan

A prisoner can appeal for parole or pardon after 25 years.

[edit] Kiribati

The prisoner will be required to serve at least 10 years before becoming eligible for parole.

[edit] Latvia

A prisoner must serve at least 20 years before becoming eligible for parole.

[edit] Malaysia

There are two types of life imprisonment in Malaysia - "imprisonment for life" and "imprisonment for natural life." Imprisonment for life means imprisonment for 20 years with allowance for a one-third deduction for good behaviour, while imprisonment for natural life means imprisonment until death. In respect of a child guilty of a capital offence, a provision in the Child Act 2001 allows a child to be "detained at the pleasure of the [King]." This contained no specific indication for the length of time the child is to be detained. Thus, in July 2007, the Court of Appeal ruled that such a sentence was unconstitutional.^[15] However, the Federal Court overturned the Court of Appeal decision in October 2007.^[16]

[edit] Netherlands

Since the abolition of the death penalty in the Netherlands in 1878, life imprisonment has almost always meant exactly that: the prisoner will serve their term in prison until death. The Netherlands is one of the few countries in Europe where prisoners are not granted a review for parole after a given time. Though the prisoner can appeal for parole, it must be granted by Royal Decree. An appeal for parole is almost never successful; since the 1940s, only two people have successfully filed a request for clemency, both being terminally ill. Since 1945, 41 criminals have been sentenced to life imprisonment (excluding war criminals). There has been a noticeable increase of life imprisonment sentences being given in the last decade, and more than triple the number of life imprisonment sentences in the last few years than the previous decades.

[edit] New Zealand

A life sentence is mandatory for treason and for murder, except in the case of mercy killing or where there is evidence of prolonged and severe abuse, and is the maximum sentence for manslaughter and Class A drug dealing. Parole under New Zealand law is no longer automatic, and though it is theoretically possible for defendants sentenced to life imprisonment or to preventive detention to remain in prison for the rest of their natural life, in reality it is unheard of for a prisoner to die of old age in prison, as most are paroled, and there is no provision to order that a prisoner is never to be released. The starting non-parole period for murder is 10 years, though in cases of particular violence, the starting point is 17 years; however, if the case warrants it, the sentencing judge may demand a longer non-parole period.

The longest non-parole period handed down is 30 years, currently being served by William Dwane Bell, who shot dead the Panmure RSA club president, a club member and the club's cleaner, and also seriously injured another club employee during an armed robbery at the Panmure RSA clubrooms in the early hours of December 8, 2001 (Bell was initially jailed for a minimum non-parole period of 33 years, which was reduced by three years on appeal). The longest non-parole period for a single murder is 26 years, currently being served by Liam James Reid, who raped and murdered Emma Agnew in Christchurch in November 2007.

The longest non-parole period for a woman is 19 years, currently being served by Tracy Jean Goodman for the murder of pensioner Mona Morriss in the course of a burglary in Marton in January 2005.

There is also provision for an indefinite sentence of preventive detention, which is handed out for crimes other than treason or murder/manslaughter; since 2002, this has handed down to repeat sexual offenders and serious recidivist offenders of a violent nature. Preventive detention has a minimum non-parole period of five years, but the sentencing judge can extend this if they believe that the prisoner's history warrants it.

[edit] Nigeria

A life sentence in Nigeria means the prisoner will spend the rest of their life in prison^[17]; however, minors cannot be imprisoned for life.

[edit] North Korea

Per North Korea's criminal code, life imprisonment, officially termed "correctional labor for an indefinite period," may be imposed as an alternative punishment for transgressions which would otherwise merit capital punishment, as well as for several other defined felonies. The extra-legal and extra-judicial imposition of de facto life imprisonment upon political prisoners is also reported to be widespread^[18].A Life Sentence in North Korea means that the prisoner will spend the rest of their life in prison unless granted clemency by the president.

[edit] Pakistan

As of 2007, a life sentence in Pakistan means that the convict will be required to serve at least 25 years before being eligible for parole.

[edit] Peru

Life imprisonment is often for murder or terrorism, or for ultra-dangerous criminals, often terrorists (e.g. Abimael Guzman, Shining path ex-leader).

[edit] Poland

Life imprisonment (Kara dożywotniego pozbawienia wolności in Polish) has an indeterminate length.

The prisoner must serve at least 25 years in order to be eligible for parole, however, the court may also choose to set a higher minimum term than 25 years at sentencing. Since the reintroduction of life imprisonment in 1995, the highest minimum term is 50 years, currently being served by Krzysztof Gawlik, a serial killer who killed 6 people, and Piotr Murawski, who raped, tortured and murdered a 12-year-old girl.

The President of Poland has the power to end the prisoner's life sentence by granting clemency anytime, however, it has never happened. At present, there are more than 200 people serving life sentences in Polish prisons. All were convicted of murder. If no changes in law are made, prisoners serving life imprisonment will first become eligible for parole in 2020.

For a person under the age of 18, the maximum penalty is 25 years imprisonment.

[edit] Romania

Life imprisonment theoretically means imprisonment until the prisoner dies. After 20 years parole is possible.

[edit] Russia

Article 57 part 2 of the Criminal Code of Russia forbids women, men that were below the age of 18 at the the time of the offense and men that were over the age of 65 at sentencing from being sentenced to life imprisonment. The maximum penalty available in those cases is 25 years imprisonment, or in exceptional circumstances, 30 years imprisonment.

Prisoners sentenced to life imprisonment are held in maximum security prisons separately from other criminals (e.g. VK-240/2 "White Swan" in Solikamsk). After 25 years, a criminal sentenced to life imprisonment may apply to a court for "conditional early relief" (условно-досрочное освобождение) if the prisoner made no serious violations of prison rules in the last 3 years, and did not commit a serious crime during imprisonment. Parole, if granted, may carry restrictions, such as that the subject may not change residence, visit certain locations, and so forth. If the criminal commits a new offense, the court may retract the parole. If the application for parole is declined however, a new application can be filed 3 years later.

As life imprisonment was introduced in Russia in 1996, if no changes in law are made, prisoners will become eligible for parole after 2021.

[edit] Slovakia

Life imprisonment can be imciety.

[edit] Slovenia

In 2008, a new criminal code was adopted, which foresees life imprisonment for serious offenses like genocide or ethnic cleansing. Before that, the maximum penalty was 30 years imprisonment.

[edit] South Africa

A life sentence is mandatory for premeditated murder, gang rape, serial rape, rape where the rapist knew they were HIV positive, or if the victim was under 18 and/or mentally disabled. In certain circumstances, robberies and hijackings also carry a mandatory life sentence.

But Section 51 of the Criminal Procedure Act 1977^[19] controls the minimum sentences for 'other' types of murders, rapes and robberies to 25, 15 and 10 years respectively, so parole is almost always granted to life sentences after the minimum sentence for the lesser crime has been served.

[edit] South Korea

Life imprisonment theoretically means imprisonment until the prisoner dies; however, parole is possible after 10 years.

[edit] Sweden

Life imprisonment is a sentence of indeterminate length. Swedish law states that the most severe punishment is "prison for ten years or life", and so life imprisonment is, in practice, never shorter than ten years. However, a prisoner may apply to the government for clemency, in practice having their life sentence commuted to a set number of years, which then follows standard Swedish parole regulations. Clemency can also be granted on humanitarian grounds; however, the number of granted clemencies per year has been low since 1991, usually no more than one or two. Until 1991 few served more than 15 years, but since then the time spent in prison has increased and in 2007 the usual time was at least 21 years. Offenders under the age of 21 when the crime was committed can not be sentenced to life imprisonment.

The person currently having served for the longest time is Leif Axmyr, who in 1982 killed the stepson of the then Minister of finance and his fiancée, Axmyr's former girlfriend. He has spent over 27 years in prison. At present, there are about 170 people, including four women, serving life sentences in Swedish prisons. All were convicted of murder or conspiracy to commit murder.

Increased criticism from prison authorities, prisoners and victims led to a revision of practices and in 2006 a new law was passed that also gave a prisoner the right to apply for a determined sentence at the Örebro Lower Court. A prisoner has to serve at least 10 years in prison before applying and the set sentence cannot be under 18 years, which is the longest determinate sentence allowed under Swedish law (10 years plus 4 years if one is a repeat offender and 4 more years if the sentence includes other serious crimes). When granting a determinate sentence the court takes into account the crime, the prisoner's behaviour in prison, public safety and the chance of rehabilitation. However, some prisoners may never be released, being considered too dangerous. Of those who have been given set sentences under the new law, the sentences have ranged between 25 and 31 years.

The Swedish Supreme Court ruled in 2007 that ten years in prison should overrule life imprisonment as the "main option" for people who have committed murder. On July 1, 2009, a new law will come in effect, increasing the maximum determinate sentence available from 10 to 18 years. Offenders under the age of 21 can be sentenced to a maximum of 14 years.

[edit] Switzerland

Life imprisonment is the most severe penalty under Swiss penal law. It may be imposed for murder, genocide, qualified hostage-taking and the act of arranging a war against Switzerland with foreign powers.^[20] Under the military penal code, it can also be imposed in times of war for mutiny, disobedience, cowardice, treason and espionage.

Prisoners sentenced to life imprisonment are eligible for parole after having served fifteen years, or ten years in exceptional cases.^[21]

In addition to any penalty imposed, criminals may be sentenced to detention if they have committed or attempted an intentional felony, punishable by imprisonment of five years or more, aimed against the life or well-being of other people (such as murder, rape or arson), and if there is a serious concern that they may repeat such offences.^[22] The detention is of indefinite duration, but its continued necessity must be examined by the competent authority at least once per year.^[23]

Following a series of murders by recidivists in the 1980s and 1990s, a citizens' committee collected 194,390 signatures to propose a popular initiative that would amend the constitution to mandate the effective incarceration for life of violent criminals and sex offenders considered untreatable.^[24] The amendment was adopted by 56% of the popular vote on February 8 2004, even though it was supported only by the right-wing Swiss People's Party.

It was unsuccessfully opposed by the other major political parties and the government, as well as by legal scholars who argued that mandatory lifetime detention violates the European Convention on Human Rights.^[25][26] The enabling legislation entered into force on 1 August 2008.^[27]

[edit] Taiwan

Life imprisonment(無期徒刑 in Chinese) theoretically means imprisonment until the prisoner dies. Parole is possible after 25 years.

[edit] Turkey

Life imprisonment generally carries an option for parole, though the minimum term will vary depending on the offence. For crimes prosecuted under anti-terrorism laws, there is provision for "strict life imprisonment", which essentially amounts to life imprisonment without parole: such prisoners will spend the rest of their life in prison.

[edit] United Kingdom

The average sentence is about 15 years before the first parole hearing, although those convicted of exceptionally grave crimes remain behind bars for considerably longer; Ian Huntley was given a tariff of 40 years. Some receive whole life tariffs and die in prison, such as Myra Hindley. Various media sources estimate that there are currently between 35 and 50 prisoners in England and Wales who have been issued with whole life tariffs, issued by either the High Court or the Home Office. These include Ian Brady, Donald Neilson, Dennis Nilsen and Robert Black.

Prisoners jailed for life are released on a life licence if the parole board authorises their release. The prisoner must satisfy the parole board that they are remorseful, understand the gravity of their crime and pose no future threat to the public. They are subject to a possible lifelong recall to prison should they breach their parole conditions.

[edit] United States

[edit] Indeterminate and Determinate Life Sentence

There are many states where a convict can be released on parole after a decade or more has passed. For example, sentences of "15 years to life" or "25 years to life" may be given; this is called an "indeterminate life sentence", while a sentence of "life without the possibility of parole" is called a "determinate life sentence".^[28] Even when a sentence specifically denies the possibility of parole, government officials may have the power to grant amnesty or reprieves, or commute a sentence to time served.

Under the federal criminal code, however, with respect to offenses committed after December 1, 1987, parole has been abolished for all sentences handed down by the federal system, including life sentences, so a life sentence from a federal court will result in imprisonment for the life of the defendant, unless a pardon or reprieve is granted by the President.

[edit] Three Strikes Law

Under some "three-strikes laws", a broad range of crimes, ranging from petty theft to murder, can serve as the triggering crime for a mandatory or discretionary life sentence in California. Notably, the U.S. Supreme Court on several occasions has upheld lengthy sentences for petty theft including life with the possibility of parole and 50 years to life, stating that neither sentence conflicted with the ban on "cruel and unusual punishment" in the Eighth Amendment to the United States Constitution.^[29]

[edit] Uzbekistan

A prisoner can appeal for parole or pardon after 25 years.

[edit] Vietnam

Life imprisonment means, in principle, that the prisoner will spend the rest of their life in prison. However, they are usually granted amnesty after 20 years, provided they don't commit any other crime while in the prison.

[edit] Countries without life imprisonment

[edit] Austria

Theoretically possible in a literal sense; however, this penalty is not in force de facto, as life sentences are considered to be 20–25 years in duration. After 15 years parole is possible, if it can be assumed that the inmate will not re-offend. This is subject to the discretion of a criminal court panel, and a possible appeal to the high court. Alternatively, the President may grant a pardon upon motion of the Minister of Justice. Prisoners who committed their crime when below the age of 21 can be sentenced to a maximum of 20 years imprisonment.^[2][30]

However, Austria has made two exceptions: Serial killer Jack Unterweger was sentenced to life imprisonment without the possibility of parole for his second string of murders after his release from prison. Josef Fritzl was also sentenced to life imprisonment without the possibility of parole for 15 years on March 19, 2009 for enslavement, negligent murder, false imprisonment, coercion, incest, and rape.

[edit] Bolivia

The maximum penalty is 30 years imprisonment.

[edit] Bosnia and Herzegovina

Before Bosnia and Herzegovina became independent in 1992, the maximum penalty was 20 years imprisonment. The maximum penalty since has been increased to 40 years; however, prisoners generally serve around 15 years, as most of them are pardoned for good behavior. Lesser penalties are given to offenders who were under the age of 18 at the time of their offence.

[edit] Brazil

Article 5 of the Constitution of Brazil forbids life imprisonment. The Brazilian Penal Code from the Vargas Era establishes the maximum penalty as 30 years imprisonment. All convicts enjoy provisions that allow for parole after 10 years — serial mugger and killer João Acácio Pereira da Costa is the only known case of a convict sentenced to the maximum of 30 years since 1985.

[edit] Colombia

Life imprisonment is expressly forbidden by Article 34 of the Colombian Constitution of 1991. The maximum penalty is 60 years imprisonment.

[edit] Croatia

The maximum penalty is 40 years imprisonment.

[edit] Dominican Republic

The maximum penalty is 30 years imprisonment.

[edit] Ecuador

The maximum penalty is 16 years imprisonment, or in extreme cases, 25 years imprisonment.^[31]

[edit] Greece

A "life sentence" is 25 years, with eligibility for parole after 16 years. If a sentence consists of multiple life terms, parole is available after 20 years. If there are other crimes involved, parole is available after having served 60% of the total imposed term.^[32]

[edit] Macau

Life imprisonment is prohibited by the Macanese Código Penal (Penal Code). The maximum penalty is 25 years imprisonment, or in extreme cases, 30 years imprisonment. ^[33]

[edit] Mexico

Life imprisonment is defined as any long and determinate sentence ranging from 20 to 60 years. The Mexican Supreme Court ruled in 2001 that life imprisonment without the possibility of parole is unconstitutional because it is cruel and unusual punishment, which is a violation of Article 18 of the Constitution of Mexico. ^[34]

[edit] Nepal

Life imprisonment means 20 years imprisonment by law.

[edit] Norway

The maximum penalty is 21 years imprisonment, but only a small percentage of prisoners serve more than 14 years. Prisoners will typically get unsupervised parole for weekends etc. after serving ⅓ of their sentence (a maximum of 7 years).

In extreme cases, a sentence called "containment" (Norwegian: forvaring) can be passed. In such a case the prisoner will not be released unless they are deemed not to be of danger to society. This sentence is, however, regarded purely as a form of protection for society, meaning there is no minimum term, and that as long as the protective aspect is fulfilled, the prisoner can be granted privileges far beyond what is extended to prisoners serving normal prison sentences.

[edit] Philippines

With the abolition of the death penalty in 2006, the maximum penalty is reclusion perpetua, which stands at 40 years imprisonment. The prisoner will be eligible for release or pardon after having served 30 years.

[edit] Portugal

The maximum penalty is 25 years imprisonment, but the vast majority of prisoners serve up to 20 years.

[edit] Republic of the Congo

The maximum penalty is 30 years imprisonment.

[edit] Serbia

The maximum penalty is 40 years imprisonment.

[edit] Spain

The maximum penalty is 30 years imprisonment, but since 2003 a maximum of 40 years can be handed down in extreme cases. Though a criminal may be condemned for multiple crimes which sum to much longer periods of time, the term for every charge is served concurrently. Thus, the maximum time one can spend in jail is equal to the maximum of 30 or 40 years. However, these things only happen in case of terrorism, notably involving Basque nationalism.^[2]

[edit] Uruguay

The 26th article of the Uruguayan Constitution forbids the death penalty or sentences of more than 30 years imprisonment.

[edit] Venezuela

The maximum penalty is 30 years imprisonment.

[edit] See also

• Indefinite prison sentence

[edit] Notes

[edit] External links

• Life imprisonment in Austria
• Life imprisonment in Canada
• International perspectives on life imprisonment
• Life Sentenced Prisoners in United Kingdom from HM Prison Service
• Information from Liberty website regarding United Kingdom