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 felony 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: first degree or serial murder, severe or violent cases of drug or human trafficking and dealing, high treason or espionage, aggravated cases of burglary or bank robbery resulting in death or great bodily harm, etc.
In many jurisdictions, there are formal mechanisms to request parole after a certain time. This means that the convict could be entitled to spend the rest of the sentence (i.e., until they die) outside prison; this is usually conditional depending on conduct and with certain restrictions or obligations. In contrast, in 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.
In almost all jurisdictions without capital punishment, life imprisonment (especially without the possibility of parole) constitutes the most severe form of criminal punishment.
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. 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]
Contents |
World view
Overview by jurisdiction
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| 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) |
|---|---|---|---|---|---|---|---|---|
| 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 Template:Citation needed | None | Yes | ?? | ?? | Maximum length 20 years | By president |
| Australia | Yes | 10 years, 20 years, or never; individually set by judge | None | Yes | Murder of police officer, murder in South Australia, Queensland, Northern Territory | Treason, terrorism, drug trafficking, rape | Must have minimum term set (under age of 18) | By the Governor of each state, or Governor-General |
| Belarus | Yes | 25 years | None | ?? | ?? | ?? | Maximum length 15 years | ?? |
| Belgium | Yes | 10 years, or 16 years if recidivistTemplate: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)Template: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 | Yes | High treason and first degree murder | Drug trafficking, terrorism, rape | No, unless tried as an adult | ?? |
| 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 neverTemplate:Citation needed | None | Yes | ?? | ?? | ?? | ?? |
| Croatia | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | 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 | By president |
| 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[1] | None | Yes (de facto) | ?? | ?? | Maximum length 20 years | By president[1] |
| Finland | Yes | 12 years, or never[1] | 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; Court of Appeal (hovioikeus/hovrätt) |
| 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 neverTemplate:Citation needed | None | YesTemplate:Citation needed | Murder, treason | ?? | ?? | ?? |
| Israel | Yes | 13 – 30 years, or never | None | YesTemplate: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 | ?? | ?? | ?? | ?? | ?? |
| Kiribati | Yes | 10 yearsTemplate:Citation needed | None | ?? | ?? | ?? | ?? | ?? |
| Laos | Yes | Never | None | Yes | ?? | ?? | ?? | ?? |
| Latvia | Yes | 20 years | None | ?? | ?? | ?? | ?? | ?? |
| Macau | No | Varies, depending on sentence | 25 years (30 in exceptional circumstances)[1] | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Mexico | No | Varies, depending on sentence | 60 years | No [1] | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| The Netherlands | Yes | 0 years, immediately (almost never granted) | None | Yes (de facto) | ?? | Murder, leading a terrorist organisation | ?? | By Royal Decree |
| Nepal | No | Varies, depending on sentence | 20 yearsTemplate: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 | ?? | ?? |
| Nigeria | Yes | Never[1] | None | Yes | ?? | ?? | No life imprisonment sentence | ?? |
| North Korea | Yes | Never | None | Yes (de facto and de jure) | Murder, espionage, treason | ?? | ?? | By president (never happened)Template: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 – 50 years | None | No | ?? | ?? | ?? | By president (never happened) |
| 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 18–65Template: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 yearsTemplate:Citation needed | None | NoTemplate:Citation needed | Certain murder, rape and robbery | ?? | ?? | ?? |
| Switzerland | Yes | 10 years, 15 years or never; individually set by judge | None | Yes | ?? | ?? | ?? | ?? |
| Sweden | Yes | Never | None | Yes | None | ?? | No life imprisonment sentence | By Government |
| South Korea | Yes | 10 years | None | ?? | ?? | ?? | ?? | ?? |
| 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 | ?? | No whole life tariff (under age of 21) | Pardon by Minister of Justice; amnesty by royal degree alone or with act of parliament (last happened 1747) |
| UK: Scotland | Yes | 15 – 35 years or never; individually set by judge | None | ?? | Murder | ?? | No whole life tariff | ??; amnesty by royal degree alone or with act of parliament (last happened 1747) |
| UK: Northern Ireland | Yes | 15 – 35 years; individually set by judge | None | No[1][1] | 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[1] | 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 yearsTemplate: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 Template: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) |
See also
Notes
External links
ca:Presó perpètua de:Lebenslange Freiheitsstrafe et:Eluaegne vangistus es:Prisión perpetua eo:Ĝismorta puno fa:زندان ابد fr:Emprisonnement à perpétuité ko:종신형 id:Penjara seumur hidup it:Ergastolo he:מאסר עולם hu:Életfogytiglan ms:Penjara seumur hidup nl:Levenslange gevangenisstraf ja:無期刑 no:Livsvarig fengsel pl:Kara dożywotniego pozbawienia wolności pt:Prisão perpétua ru:Пожизненное заключение fi:Elinkautinen vankeus sv:Livstids fängelse vi:Chung thân zh:無期徒刑
