Life imprisonment
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Life imprisonment (also known as a life sentence or life incarceration) is a sentence of imprisonment for a serious crime where the convicted person is to remain in prison for the rest of his or her life. Examples of crimes for which a person could receive this sentence include: murder, high treason, severe or violent cases of drug or human trafficking, or aggravated cases of burglary or robbery resulting in death or great bodily harm.
This sentence does not exist in all countries. However, where life imprisonment is a possible sentence, there may also be formal mechanisms to request parole after a certain time of having being in prison. This means that the convict could be entitled to spend the rest of the sentence (i.e., until he dies) outside prison; this is usually conditional depending on past and future conduct, possibly with certain restrictions or obligations. In contrast to jurisdictions without life imprisonment, a convict after having served the given prison sentence is free upon release.
The length of time and the modalities surrounding parole vary greatly for each jurisdiction. In some places convicts are entitled to apply for parole relatively early, in others only after several decades. However, the time of legally being entitled to apply for parole does often not tell anything about the actual date of being granted parole. Article 110 of the Rome Statute of the International Criminal Court stipulates that for the gravest forms of crimes (e.g., war crimes, crimes against humanity and genocide), a prisoner ought to serve two thirds of a fixed sentence, or 25 years in the case of life imprisonment. After this period, the Court shall then review the sentence to determine whether it should be reduced.
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[edit] World view
Blue indicates those countries where life imprisonment laws have been abolished.
Red means the country retains it.
Green means life imprisonment may only be imposed for men.
Grey means status unknown, presumed legal.
[edit] Overview by jurisdiction
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This list is incomplete; you can help by expanding it.
| Jurisdiction (link to details) | Life imprisonment | Minimum to serve before eligibility for requesting parole | Maximum length of sentence | Indefinite sentence (excl. preventive or psychiatric detainment) | Mandatory sentence | Possible other sentence | Under age of 18 (or 21) | Pardon, amnesty, other release |
|---|---|---|---|---|---|---|---|---|
| Argentina | Yes | 13 – 25 years, or never | None | Yes | Murder of relative ; murder of and/or by a police officer; treason | Serial rape | ?? | ?? |
| Austria | Yes | 15 years[citation needed] | None | Yes | ?? | ?? | Maximum length 20 years | Pardon by president |
| Australia | Yes | 10 years, 20 years, 25 years, or never; individually set by judge | None | Yes | Murder of police officer or other public official, murder in South Australia, Queensland, Northern Territory, aircraft hijacking | Treason, terrorism, drug trafficking, rape | Must have minimum term set (under age of 18) | Compassionate release by governor of state, or governor-general |
| Belarus | Yes | 25 years | None | ?? | ?? | ?? | Maximum length 15 years | ?? |
| Belgium | Yes | 10 years, or 16 years if recidivist[citation needed] | None | ?? | ?? | ?? | ?? | ?? |
| Bolivia | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Bosnia and Herzegovina | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Brazil | No (except in wartime)[citation needed] | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Canada | Yes | 10–25 years | None | ?? | High treason and murder | Drug trafficking, terrorism, sexual assault, impaired driving causing death, street racing causing death, crimes against humanity | No, unless tried as an adult | Compassionate release and pardon by minister of justice |
| Colombia | No | Varies, depending on sentence | 60 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| China | Yes | 10 years or never[citation needed] | None | Yes | ?? | ?? | ?? | ?? |
| Croatia | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | No | No life imprisonment sentence |
| Cyprus | Yes | 20 years | None | ?? | ?? | ?? | ?? | ?? |
| Czech Republic[1] | Yes | 20 years | None | No | None | some cases of murder, treason, terrorism, genocide, robbery, kidnapping, rape | No life imprisonment sentence | ?? |
| Denmark | Yes | Never | None | Yes | ?? | ?? | Maximum length 15 years | After 12 years entitled to request to Minister of Justice; granted by King or Queen of Denmark |
| Dominican Republic | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Ecuador | No | Varies, depending on sentence | 25 years (35 years in exceptional cases) | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Estonia | Yes | Never[2] | None | Yes (de facto) | ?? | ?? | Maximum length 20 years | Pardon by president[3] |
| Finland | Yes | 12 years, or never[4] | None | Yes | Murder, purposefully killing police officer | Genocide, High Treason, Espionage, War Crimes | Maximum length 15 years (under age of 18); minimum 10 years for parole request (under age of 21) | By president |
| France | Yes | 18 – 22 years; 30 years or never | None | Yes | None | Aggravated murder, treason, terrorism, drug trafficking | Maximum length 20 years (under age of 16) | By president |
| Germany | Yes | 15 years, 18 years, or 26 years; individually set by judge | None | No | Murder, genocide, crimes against humanity, war crimes against a person | See details | Maximum length 10 years | By Federal President or Minister-Presidents |
| Hungary | Yes | 20 – 40 years, or never | None | Yes | ?? | ?? | ?? | By president |
| India | No | Varies, depending on sentence | 100 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Indonesia | No | Varies, depending on sentence | 80 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Ireland | Yes | 12– 25 years, or never[citation needed] | None | Yes[citation needed] | Murder, treason | ?? | ?? | By President |
| Israel | Yes | 13 – 30 years, or never | None | Yes[citation needed] | Murder | ?? | ?? | By president |
| Italy | Yes | 21 years, 26 years, or never | None | Yes | Murder, terrorism | ?? | No life imprisonment sentence | By president |
| Jamaica | Yes | 10 – 30 years or never; individually set by judge | None | Yes | ?? | ?? | ?? | ?? |
| Japan | Yes | 10 years | None | ?? | ?? | ?? | ?? | ?? |
| Kazakhstan | Yes | 25 years | None | Yes! | ?? | ?? | ?? | ?? |
| Kiribati | Yes | 5 - 25 years, or never | None | ?? | ?? | ?? | ?? | ?? |
| Laos | Yes | Never | None | Yes | ?? | ?? | ?? | ?? |
| Latvia | Yes | 20 years | None | ?? | ?? | ?? | ?? | ?? |
| Macau | No | Varies, depending on sentence | 25 years (30 in exceptional circumstances)[5] | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Mexico | No | Varies, depending on sentence | 60 years | No [6] | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| The Netherlands | Yes | Never | None | Yes (de facto) | None | Murder, leading a terrorist organisation | No life imprisonment sentence under 18 | By monarch (almost never granted) |
| Nepal | No | Varies, depending on sentence | 20 years[citation needed] | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| New Zealand | Yes | 10 – 17 years; individually set by judge | None | ?? | Murder, treason | Manslaughter, certain drug related | ?? | Sentence may be reduced or pardon granted by the Governor General (Rarely done) |
| Nigeria | Yes | Never[7] | None | Yes | ?? | ?? | No life imprisonment sentence | ?? |
| North Korea | Yes | Never | None | Yes (de facto and de jure) | Murder, espionage, treason | ?? | ?? | By president (never happened)[citation needed] |
| Norway | No | Varies, depending on sentence | 21 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Pakistan | Yes | 25 years | None | ?? | ?? | ?? | ?? | ?? |
| Philippines | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Poland | Yes | 25 years - 50 years | None | No | Some cases of war crimes and genocide committed during WWII | Genocide, war crimes, high treason, murder, assassination attempt of Polish president | Maximum length 25 years (under age of 18) | Pardon by president (never happened since reintroduction of sentence in 1995), Amnesty by act of parliament (last amnesty in 1989) |
| Portugal | No | Varies, depending on sentence | 25 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Romania | Yes | 20 years | None | ?? | ?? | ?? | ?? | ?? |
| Republic of the Congo | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Russia | Only men aged 18–65 | 25 years | 25 years (30 years in exceptional circumstances) for all women, and men over the age of 65 | No | Not mandatory for men aged 18–65[citation needed]; no life imprisonment sentence for all women, and men over the age of 65 | See details | Maximum length 10 years (under age of 18) | By president |
| Slovakia | Yes | 30 years | None | ?? | ?? | ?? | ?? | ?? |
| South Africa | Yes | 10, 15, or 25 years; hearing mandatory after 25 years[citation needed] | None | No[citation needed] | Certain murder, rape and robbery | ?? | ?? | ?? |
| Switzerland | Yes | 10 years, 15 years or never; individually set by judge | None | Yes | ?? | ?? | ?? | ?? |
| Sweden | Yes | 18 years | None | Yes | None | Murder, kidnapping, arson, war crimes, espionage, sabotage | No life imprisonment sentence | By the court of Örebro |
| South Korea | Yes | 10 years | None | ?? | high treason, robbery (rape) with deadly outcomes, arson, murder of relative, etc | ?? | Maximum 10 years (For certain violence crimes, 20 years) | By President and require agreement of National Assembly |
| Serbia | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Spain | No | Varies, depending on sentence | 30 years (40 years in terrorism related cases) | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Taiwan | Yes | 25 years | None | ?? | ?? | ?? | ?? | ?? |
| Turkey | Yes | 25 years or, in cases of terrorism, never | None | Yes | ?? | ?? | ?? | ?? |
| UK: England and Wales | Yes | 15 – 40 years or never; individually set by judge | None | Yes | Murder | Rape,Inflicting GBH with intent,Wounding with intent, Treason | No whole life tariff (under age of 21) | Compassionate release and pardon by minister of justice; amnesty by royal decree alone or with act of parliament (last amnesty in 1747). |
| UK: Scotland | Yes | 15 – 35 years or never; individually set by judge | None | ?? | Murder | ?? | No whole life tariff | Compassionate release and pardon by ??; amnesty by royal degree alone or with act of parliament (last amnesty in 1747) |
| UK: Northern Ireland | Yes | 15 – 35 years; individually set by judge | None | No[8][9] | Murder | ?? | ?? | General release through a referendum based agreement in 1998 (became applicable in 3 cases i, ii, iii) |
| United States | Yes | 15 – 25 years, or never (depending on jurisdiction) | None | Yes | Varies by state | Varies by state | No differentiation to age of 18 or over[10] | By president or governor of a state (depending on jurisdiction) |
| Uruguay | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Uzbekistan | Yes | 25 years[citation needed] | None | ?? | ?? | ?? | ?? | ?? |
| Venezuela | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Vietnam | Yes | Never | None | Yes (de jure) | ?? | ?? | ?? | Usually amnesty after 20–30 years[citation needed] |
| Jurisdiction (link to details) | Life imprisonment | Minimum to serve before eligibility for requesting parole | Maximum length of sentence | Indefinite sentence (excl. preventive or psychiatric detainment) | Mandatory sentence | Possible other sentence | Under age of 18 (or 21) | Pardon (or amnesty) |
[edit] See also
[edit] Notes
- ^ Czech Criminal Code
- ^ http://www-rohan.sdsu.edu/faculty/rwinslow/europe/estonia.html
- ^ http://shaan.typepad.com/shaanou/2008/11/estonia-release.html
- ^ http://www.oikeus.fi/16073.htm
- ^ "Código Penal - Art. 1 a 100" (in Portuguese). Imprensa Oficial (Government Printing Bureau). 14 November 1995. http://bo.io.gov.mo/bo/i/95/46/codpenpt/codpen0001.asp#1. Retrieved 2009-02-17.
- ^ For details of new rulings from Mexican Supreme Court, see: "Wanted Fugitive Raul Gomez Garcia Extradited to the U.S." (US Embassy in Mexico) and Mexico alters extradition rules (BBC News))
- ^ http://connectafrica.wordpress.com/2008/11/19/6-nigerian-soldiers-bag-life-imprisonment
- ^ Belfast Telegraph Fury over ruling that could see Attracta’s killer freed Saturday, 28 June 2008
- ^ Neutral Citation No.[2008] NICA 27 http://www.courtsni.gov.uk/NR/rdonlyres/D4920842-6C93-4664-8B52-641C305CCF6A/0/j_j_KER7217Final.htm
- ^ "The Rest of Their Lives: Life without Parole for Child Offenders in the United States", 2008. http://www.hrw.org/sites/default/files/reports/us1005execsum.pdf
