Mixing
Life imprisonment
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Criminal trials and convictions |
Rights of the accused |
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Verdict |
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Sentencing |
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Post-sentencing |
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Related areas of law |
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Portals |
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Life imprisonment (also known as imprisonment for life, life in prison,[1] a life sentence, a life term, lifelong incarceration, life incarceration or simply life) is any sentence of imprisonment for a crime under which convicted persons are to remain in prison either for the rest of their natural life or until paroled. Crimes for which, in some countries, a person could receive this sentence include murder, attempted murder, conspiracy to commit murder, blasphemy,[2]apostasy, terrorism, severe child abuse, rape, child rape, espionage, treason, high treason, drug dealing, drug trafficking, drug possession, human trafficking, severe cases of fraud, severe cases of financial crimes, aggravated criminal damage in English law, and aggravated cases of arson, kidnapping, burglary, or robbery which result in death or grievous bodily harm, piracy, aircraft hijacking, and in certain cases genocide, ethnic cleansing, crimes against humanity, certain war crimes or any three felonies in case of three strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offenses causing death.[3] The life sentence does not exist in all countries, and Portugal was the first to abolish life imprisonment, in 1884.
Where life imprisonment is a possible sentence, there may also exist formal mechanisms for requesting parole after a certain period of prison time. This means that a convict could be entitled to spend the rest of the sentence (until that individual dies) outside prison. Early release is usually conditional on past and future conduct, possibly with certain restrictions or obligations. In contrast, when a fixed term of imprisonment has ended, the convict is free. The length of time served and the conditions surrounding parole vary. The date when a convict is eligible for parole does not necessarily predict when or if parole will be granted. In most countries around the world, a person granted parole after being sentenced to life imprisonment must remain parole and be subject to electronic tagging or monitoring for the remainder of their natural lives.[4]
Some technically finite sentences handed out, in particular the United States, exceed the human maximum life span and are therefore seen as de facto life sentences. Additionally, for particularly heinous crimes, courts will sometimes add additional years onto the life sentence in order to ensure that no amount of good behavior could ever result in the person being set free. For example, Ariel Castro, who kidnapped Michelle Knight, Amanda Berry, and Gina DeJesus from the streets of Cleveland, was sentenced in 2013 to "life, plus 1,000 years" for the 937 criminal counts including kidnapping, rape, and murder.[5] Courts in South Africa have handed out at least two sentences that have exceeded a century (to Moses Sithole, whose sentence exceeds two millennia, and Eugene de Kock).[citation needed]. In Tasmania, Australia, the perpetrator of the Port Arthur massacre in 1996, Martin Bryant received 35 life sentences, plus 1,035 consecutive years, all to run concurrently and for the term of his natural life.
Few countries allow for a minor to be given a lifetime sentence with no provision for eventual release; these include Antigua and Barbuda, Argentina (only over the age of 16),[6] Australia, Belize, Brunei, Cuba, Dominica, Saint Vincent and the Grenadines, the Solomon Islands, Sri Lanka, and the United States. According to a University of San Francisco Law School study, only the U.S. had minors serving such sentences in 2008.[7] In 2009, Human Rights Watch estimated that there were 2,589 youth offenders serving life sentences without the possibility for parole in the U.S.[8][9] The United States leads in life sentences (both adults and minors), at a rate of 50 people per 100,000 (1 out of 2,000) residents imprisoned for life.[10]
Contents
1 United States
2 World view
3 Reform or abolition
4 Overview by jurisdiction
5 See also
6 Notes
7 External links
United States
In 2011, the Supreme Court of the United States ruled that sentencing minors to life without parole, automatically (as the result of a statute) or as the result of a judicial decision, for crimes other than intentional homicide, violated the Eighth Amendment's ban on "cruel and unusual punishments", in the case of Graham v. Florida.[11]
Mugshot of Burton Phillips, sentenced to life imprisonment for bank robbery, 1935
Graham v. Florida was a significant case in juvenile justice. In Jacksonville, Florida, Terrence J. Graham tried to rob a restaurant along with three adolescent accomplices. During the robbery, one of Graham's accomplices had a metal bar that he used to hit the restaurant manager twice in the head. Once arrested, Graham was charged with attempted armed robbery and armed burglary with assault/battery. The maximum sentence he faced from these charges was life without the possibility of parole, and the prosecutor wanted to charge him as an adult. During the trial, Graham pleaded guilty to the charges, resulting in three years of probation, one year of which had to be served in jail. Since he had been awaiting trial in jail, he already served six months and therefore was released after six additional months.[12]
Within six months of his release, Graham was involved in another robbery. Since he violated the conditions of his probation, his probation officer reported to the trial court about his probation violations a few weeks before Graham turned 18 years old. It was a different judge presiding over his trial for the probation violations a year later. While Graham denied any involvement of the robbery, he did admit to fleeing from the police. The trial court found that Graham violated his probation by "committing a home invasion robbery, possessing a firearm, and associating with persons engaged in criminal activity",[12] and sentenced him to 15 years for the attempted armed robbery plus life imprisonment for the armed burglary. The life sentence Graham received meant he had a life sentence without the possibility of parole, "because Florida abolished their parole system in 2003".[12]
Graham's case was presented to the United States Supreme Court, with the question of whether juveniles should receive life without the possibility of parole in non-homicide cases. The Justices eventually ruled that such a sentence violated the juvenile's 8th Amendment rights, protecting them from punishments that are disproportionate to the crime committed,[12] resulting in the abolition of life sentences without the possibility of parole in non-homicide cases for juveniles.
In 2012 the Supreme Court ruled in the case of Miller v. Alabama in a 5–4 decision and with the majority opinion written by Associate Justice Elena Kagan that mandatory sentence of life in prison without parole for juvenile offenders are unconstitutional. The majority opinion stated that barring a judge for considering mitigating factors and other information, such as age, maturity, and family and home environment violated the Eighth Amendment ban on cruel and unusual punishment. Sentences of life in prison without parole can still be given to juveniles for aggravated first-degree murder, as long as the judge considers the circumstances of the case.[13][14]
World view
Life imprisonment laws around the world:[citation needed]
Life imprisonment sentence is used
Life imprisonment sentence is used for men between 18 and 65 or 60 years only
Life imprisonment laws have been abolished
Unknown status of life imprisonment, presumed legal
Reform or abolition
In a number of countries, life imprisonment has been effectively abolished. Many of the countries whose governments have abolished both life imprisonment and indefinite imprisonment have been culturally influenced or colonized by Spain or Portugal and have written such prohibitions into their current constitutional laws (including Portugal itself but not Spain).[citation needed]
A number of European countries have abolished all forms of indefinite imprisonment, including Serbia, Croatia and Spain, which set the maximum sentence at 40 years (for each conviction, which in practice keeps the possibility of de facto life imprisonment), Bosnia and Herzegovina, which sets the maximum sentence at 45 years, and Portugal, which abolished all forms of life imprisonment with the
prison reforms of Sampaio e Melo in 1884 and sets the maximum sentence at 25 years.[citation needed]
Norway (de jure) and Spain (de facto from 1993 until February 2018, the question being now debated of reintroducing de jure life imprisonment, its habitual practice before it became a democracy in 1978-1983) have abolished life imprisonment but retain other forms of indefinite imprisonment.[citation needed]
In Europe, there are many countries where the law expressly provides for life sentences without the possibility of parole. These countries are England and Wales (within the United Kingdom), the Netherlands, Moldova, Bulgaria[15], Italy, Hungary, Austria, Malta, and the Republic of Ireland.
In Sweden, although the law does not expressly provide for life without the possibility of release, some convicted persons may never be released, on the grounds that they are too dangerous. In Italy, persons that refuse to cooperate with authorities and are sentenced for mafia activities or terrorism are ineligible for parole and thus will spend the rest of their lives in prison. In Austria, life imprisonment will mean imprisonment for the remainder of the offender's life if clemency is rejected by the President of Austria, and in Malta, there is never any possibility of parole for any person sentenced to life imprisonment, and any form of release from a life sentence is only possible by clemency granted by the President of Malta. In France, while the law does not expressly provide for life imprisonment without any possibility of parole, a court can rule in exceptionally serious circumstances that convicts are ineligible for parole if convicted of child murder involving rape or torture, premeditated murder of a state official or terrorism resulting in death. In Moldova, there is never a possibility of parole for anyone sentenced to life imprisonment, as life imprisonment is defined as “deprivation of liberty of the convict for the entire rest of his/her life”. Where mercy is granted in relation to a person serving life imprisonment, imprisonment thereof must not be less than 30 years. There is also never a possibility of parole for any person sentenced to life imprisonment in the Netherlands, meaning that any person sentenced to a life term for any crime will spend the rest of their lives in prison, and any form of release is only possible when granted royal decree by the King of the Netherlands. In Europe, only the Netherlands, Moldova and Malta explicitly preclude parole or any form of release for life sentences in all cases. Even in other European countries that do provide for life without parole, courts continue to retain judicial discretion to decide whether a sentence of life should include parole or not.
In South and Central America, Honduras, Nicaragua, El Salvador, Costa Rica, Venezuela, Colombia, Uruguay, Bolivia, Ecuador, and the Dominican Republic have all abolished life imprisonment. The maximum sentence is 75 years in El Salvador, 60 years in Colombia, 50 years in Costa Rica and Panama, 40 years in Honduras, 25 years in Ecuador, 30 years in Nicaragua, Bolivia, Uruguay, and Venezuela, and 25 years in Paraguay. Brazil has a maximum sentence of 30 years under statutory law, but life imprisonment and capital punishment are provided by law for crimes committed during wartime (for military crimes such as treason, desertion, and mutiny) and in the Constitution.[citation needed]
In the United States, a 2009 report by the Sentencing Project suggested that life imprisonment without parole should be abolished in the country. U.S. law enforcement officials opposed its proposed abolition.[16]
Pope Francis proposed the abolition of both capital punishment and life imprisonment in a meeting with representatives of the International Association of Penal Law. He also stated that life imprisonment, recently removed from the Vatican penal code, is just a variation of the death penalty.[17]
Overview by jurisdiction
| Jurisdiction (link to details) |
Life imprisonment |
Minimum to serve before eligibility for requesting parole |
Maximum length of sentence (under life) |
Indefinite sentence (excl. preventive or psychiatric detainment) |
Mandatory sentence |
Other crimes with possible life sentence |
Under age of 18 (or 21) |
Pardon, amnesty, other release |
Death penalty |
|---|---|---|---|---|---|---|---|---|---|
 Austria[18] |
Yes |
15 years (Imprisonment for a definite period) or never (Imprisonment for lifetime, when clemency is rejected by President) |
None |
Yes |
Genocide |
Murder, high level drug dealing, Nazi activism, production or distribution of chemical warfare agents to be used in armed conflict; abduction, robbery, rape and statutory rape if the crime causes the victim's death, sea and air piracy and arson if the crime causes the death of a large number of people |
under 16: max. 10 years' imprisonment 16–17: max. 15 years' imprisonment 18–20: max. 20 years' imprisonment |
By president |
No |
 Azerbaijan[19] |
Yes, but only for men aged 18–65 |
25 years |
15 Years for a single murder (up to 20 years for several crimes) |
No |
Murder, terrorism |
Crimes against State, war crimes |
Yes |
By President |
No |
 Belgium |
Yes |
15 years (no previous conviction or below 3 years), 19 years (previous conviction below 5 years), or 23 years (previous conviction 5 years or more)[20] |
None |
No |
None |
Murder |
|
Parole by Conditional Release Commission or pardon by King |
No |
 Brazil |
No [22] |
Varies, depending on sentence |
Between 12 and 30 years |
No |
No life imprisonment sentence |
No life imprisonment sentence |
No |
No life imprisonment sentence |
Yes, but only in times of war |
 Bulgaria[23] |
Yes |
20 years or never |
None |
Yes |
None |
Aggravated murder, aggravated kidnapping, aggravated robbery, treason, espionage, war crimes, genocide, desertion in wartime |
|
By President |
No |
 Canada |
Yes |
25 years minimum for first-degree murder or high treason; 10 years minimum for second-degree murder (consecutive sentencing may extend parole ineligibility beyond 25 years in multiple murder cases). 7-25 years for any other offence where the maximum penalty is life imprisonment. [24][25] |
None |
Yes |
High treason, first-degree murder, second-degree murder |
Various crimes including attempted murder, aircraft hijacking, armed robbery, kidnapping, aggravated sexual assault, conspiracy to murder and most offenses resulting in death |
14+: Yes, but only if juvenile is sentenced as adult[26] |
Yes, but only through royal prerogative of mercy[27][28] |
No (Abolished in 1976.) |
 People's Republic of China |
Yes |
13 years of the original sentence having been actually served.[29] Never in extremely serious corruption cases.[30] |
13 for a single murder if it's the perpetrator's first offence. Between 15-20 for a single murder that is the perpetrator's second offence if he/she serves the sentence with good behaviour |
No |
No |
Various |
Yes |
By courts and by President[31] |
Yes |
 Croatia |
No[32] |
Varies, depending on sentence |
40 years[32] |
No |
No life imprisonment sentence |
No life imprisonment sentence |
No life imprisonment sentence |
No life imprisonment sentence |
No (Abolished in 1991.) |
 Czech Republic[33] |
Yes |
|
30 years |
No |
None |
Some cases of murder, public endangerment, treason, terrorism, genocide, crimes against humanity, use of forbidden combat device or forbidden combat tactics, war crimes, persecution of population, misuse of international symbols |
15–18: max. 10 years' imprisonment |
By President |
No |
 Denmark |
Yes |
16 years[35] |
16 years for a single murder[36] |
Yes |
No |
Treason, espionage during wartime, use of force against the parliament, terrorism, arson under circumstances that are life-threatening, hijacking of vehicles, willful release of nuclear substances, murder |
Maximum 20 years |
After 12 years entitled to request to Minister of Justice; granted by King or Queen of Denmark |
No |
 Estonia |
Yes |
30 years |
None |
Yes (de facto) |
None |
Some cases of murder, some cases of handling drugs, crimes against humanity, genocide, acts of war against civilians, terrorism, violence against the independence of Estonia, causing an explosion using nuclear energy[37] |
Maximum length 10 years |
Pardon by president[38] |
No |
 Finland[39] |
Yes |
12 years for court release; any time for presidential pardon[40] |
None |
Yes |
Murder |
High treason, espionage, genocide, crimes against humanity, war crimes, homicidal terrorist act, crime against peace |
|
By president, Helsinki Court of Appeal |
No |
 Germany |
Yes, adults between 18 and 21 only if tried as adults. |
*Before 1977: never (except with presidential pardon). Ruled unconstitutional by Federal Constitutional Court
|
15 years[42] |
No |
Aggravated murder,[43] genocide resulting in death,[44] crimes against humanity resulting in death,[45] war crimes against persons resulting in death[46] |
See details |
|
By Federal President or Minister-President |
No (Abolished in West Germany by the Constitution since 23 May 1949. Abolished by law in West Germany in 1953 and in East Germany in 1987.) |
 Lebanon |
Yes |
10 years |
None |
No |
Aggravated murder, terrorism, treason |
Rape |
Yes |
By President |
Yes[48][49] |
 Lithuania |
Yes |
25 years |
None |
Yes |
None |
Genocide, prohibited mistreatment of persons under international law, war crimes, crimes against humanity, prohibited military attack, attempted assassination of the President of Lithuania, attempted assassination of a governmental official or foreign official, murder with aggravated circumstances, murder of persons protected under international humanitarian law, terrorism resulting in death, piracy (hijacking of a civilian aircraft or civilian vessel) that results in death or otherwise has grave consequences to the safety of others |
?? |
By President |
No (Abolished in 1998.[50]) |
 Macau, China |
No |
Varies, depending on sentence |
25 years (30 in exceptional circumstances)[51] |
No |
No life imprisonment sentence |
No life imprisonment sentence |
?? |
No life imprisonment sentence |
No |
 Mexico |
No (except in Chihuahua for murder involving kidnapping) |
Varies, depending on sentence |
24 years (74 years if convicted of murder involving kidnapping); in the state of Chihuahua, murder involving kidnapping provides for a mandatory life sentence |
No[52] |
Murder involving kidnapping |
None |
?? |
??? |
No |
 Nigeria |
Yes |
Never[53] |
None |
Yes |
?? |
?? |
|
?? |
Yes |
 Romania |
Yes |
20 years |
None |
No; replaced by 25 years' imprisonment at age 60[54] |
Genocide during wartime, inhumane treatment during wartime |
Treason and other grave crimes against the state, extremely grave murder, capitulation, desertion on the battlefield, crimes against peace or humanity[55] |
under 18: max. 20 years' imprisonment[56] |
Pardon by President, amnesty by act of Parliament |
No |
 Slovakia |
Yes |
25 years |
None |
Yes |
Murder, terrorism, treason |
Crimes against humanity, war crimes |
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|
By President |
No |
 Slovenia |
No |
25 years |
None |
Yes |
Murder |
Terrorism, drug offenses, crimes against humanity |
|
By President |
No |
 Sweden |
Yes |
18 years or never, but parole hearing may be held after 10 years served, thus fixing a much later date for release on parole |
None |
Yes |
None |
Murder, kidnapping, arson, sabotage, dangerous destruction of property, hijacking, espionage, terror crimes, rebellion, endangering the public health by spread of contagion or poison, disloyalty when negotiating with foreign powers, trading in anti-personnel mines, cluster bombs or chemical or nuclear weapons, unlawful nuclear explosion, treason, genocide; in wartime only: mutiny, insubordination, undermining the will to fight, desertion, unauthorised capitulation, negligence of war preparations and negligence of battle duty; attempts, accessories, accomplices and incitements of all the above crimes might also be punished with life imprisonment.[59] |
|
By the District Court of Örebro (parole hearing). Or by the Government (pardon).[60] |
No |
 Switzerland |
Yes |
10 years or 15 years; individually set by judge |
None |
Yes |
None |
Aggravated murder,[61] aggravated hostage-taking,[62] genocide,[63] endangering the independence of the country[64] |
|
By Federal Assembly (Parliament)[66] |
No |
 United Kingdom:  Scotland |
Yes |
Individually set by judge |
Between 17 and 30 years for a single murder without any additional circumstances |
Yes |
Murder with additional circumstances, two or more murders, attempted murder, two or more counts rape |
Any other Common Law offence.[67][68] |
Under 8 : Presumed not capable of committing a criminal offence. Under 18 : Detention for an indeterminate period.[69] |
Compassionate release by Cabinet Secretary for Justice (Scottish Government); amnesty by royal decree (by means of the royal prerogative of mercy) alone or with Act of Parliament. |
No |
United Kingdom:  Northern Ireland |
Yes |
Individually set by judge |
None |
No[70][71] |
Murder, rape |
Robbery |
?? |
General release through a referendum-based agreement in 1998 (became applicable in 3 cases: i, ii, iii). The royal prerogative of mercy or an Act of Parliament (in accordance with the principle of Parliamentary sovereignty) can be used to grant amnesty like the rest of the UK. |
No |
 United States |
Yes (except in Alaska) |
Any minimum term from 5 to 15 years, or never (depending on crime and state) |
Varies by state; 99 years in Alaska |
Yes |
Varies by state |
Varies by state |
Yes (de jure) |
By president or governor of a state (depending on jurisdiction) |
Yes (depending on state) |
See also
- 10-20-Life
- Incapacitation (penology)
- Indefinite imprisonment
- List of prison deaths
- Use of capital punishment by country
Notes
^ "Quebec mosque shooting: Gunman sentenced to life in prison". cnn.com. February 8, 2019..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output .citation q{quotes:"""""""'""'"}.mw-parser-output .citation .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .citation .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-ws-icon a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/4/4c/Wikisource-logo.svg/12px-Wikisource-logo.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:inherit;padding:inherit}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-maint{display:none;color:#33aa33;margin-left:0.3em}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}
^ "Archived copy". Archived from the original on 2 January 2017. Retrieved 1 January 2017.CS1 maint: Archived copy as title (link)
^ "Penalties for Drunk Driving Vehicular Homicide" (PDF) (PDF). Mothers Against Drunk Driving. May 2012. Archived from the original (PDF) on 23 September 2013.
^ "FAQ". New Zealand Parole Board. Retrieved 9 October 2013.
^ CNN, By Eliott C. McLaughlin and Pamela Brown. "Cleveland kidnapper Ariel Castro sentenced to life, plus 1,000 years - CNN.com". CNN. Archived from the original on 10 June 2017. Retrieved 12 May 2017.
^ Mecon. "InfoLEG - Ministerio de Economía y Finanzas Públicas - Argentina". mecon.gov.ar. Archived from the original on 9 January 2016.
^ "Laws of Other Nations". usfca.edu. Archived from the original on 27 June 2015.
^ "The Rest of Their Lives: Life without Parole for Child Offenders in the United States Archived 27 June 2015 at the Wayback Machine", 2008.
^ "State Distribution of Youth Offenders Serving Juvenile Life Without Parole (JLWOP)". Human Rights Watch. 2 October 2009. Archived from the original on 8 June 2011. Retrieved 3 August 2011.
^ "The Sentencing Project News - New Publication: Life Goes On: The Historic Rise in Life Sentences in America". sentencingproject.org. Archived from the original on 18 October 2013.
^ David G. Savage (17 May 2010). "Supreme Court Restricts Life Sentences Without Parole for Juveniles". Los Angeles Times. Archived from the original on 15 December 2013. Retrieved 17 April 2014.
^ abcd Drinan, C. H. (2012, March). "Graham on the Ground". Washington Law Review, 87(1), 51–91. Criminal Justice Abstracts. Retrieved 28 October 2012.
^ "Court bars mandatory life without parole for youths, rejects cross case". Catholic News Service. 25 June 2012. Archived from the original on 30 June 2013. Retrieved 17 April 2014.
^ Liptak, Adam; Bronner, Ethan (25 June 2012). "Court Bars Mandatory Life Terms for Juveniles in Murders". The New York Times. ISSN 0362-4331. Archived from the original on 27 May 2017. Retrieved 12 May 2017.
^ Criminal Code of the Republic of Bulgaria (1968, amended 2010), Chapter 4, Section 1, Article 37(2) Archived 7 October 2017 at the Wayback Machine
^ Kevin Johnson (22 July 2009). "Report wants life without parole abolished". USA Today. Archived from the original on 21 March 2012.
^ Francis X. Rocca (23 October 2014). "Pope Francis calls for abolishing death penalty and life imprisonment". Catholic News Service. Archived from the original on 24 October 2014. Retrieved 19 February 2015.
^ "section 18 of the Austrian criminal code". Ris.bka.gv.at. Archived from the original on 22 March 2012. Retrieved 30 March 2012.
^ "The abolition of the death penalty and its alternative sanction in South Caucasus: Armenia, Azerbaijan and Georgia" (PDF). penalreform.org. p. 50. Archived (PDF) from the original on 5 February 2015.
^ (in French) (in Dutch) extract from the Belgian Official Journal advocaat.be 17 March 2013.
^ (in Dutch) Jeugdsanctierecht in Europa: is uithandengeving een evidentie? Archived 3 February 2012 at the Wayback Machine Jura falconis, jg 44, 2007–2008, nr 1, pp. 3–38
^ Brazil's Constitution prohibits the death penalty with a saving allowing the death penalty in wartime, if the state of war is duly declared by Congress (art. 5, item XLVII, subitem "a)"); the Constitution's next line (art. 5, item XLVII, subitem "b)"), prohibits life sentences. The clause prohibiting life imprisonment does not contain a saving similar to the death penalty clause, and thus life sentences are not allowed even in wartime. It is unclear, however, if the Presidential power of mercy, that allows the President to pardon or commute a penal sentence, could be used to reduce a death penalty imposed in wartime, transforming it into a sentence of life imprisonment.
^ "Criminal code of the Republic of Bulgaria". Legislationline.org. Archived from the original on 25 March 2012. Retrieved 30 March 2012.
^ "Baumgartner gets life with no parole for 40 years; harshest punishment in decades". CTV News. 11 September 2013. Archived from the original on 19 April 2014. Retrieved 17 April 2014.
^ CBC News (31 October 2014). "Justin Bourque gets 5 life sentences, no chance of parole for 75 years". CBC News. Archived from the original on 15 February 2016. Retrieved 20 February 2016.
^ Justice BC (11 September 2013). "Maximum Youth Sentences". Youth Criminal Justice Act. Archived from the original on 28 March 2014. Retrieved 17 April 2014.
^ Criminal Code, R.S. 1985, c. C-46, s. 748, as amended by R.S., 1985, c. 1 (4th Supp.), s. 45(F) and R.S.C., 1992, c. 22, s. 12; and R.S.C., 1995, c. 22, s. 6. (Criminal Code at CanLii)
^ Criminal Records Act, R.S. 1995, c. 22, s. 6(1), as amended by R.S., 1985, c. 1 (4th Supp.), s. 45(F) and R.S.C., 1992, c. 22, s. 4; and R.S.C., 2000, c. 1, s. 1(F) and R.S.C., 2010, c. 5, s. 2 and R.S.C, 2012, c. 1, s. 115. (Criminal Records Act at CanLii)
^ Criminal Law and Criminal Procedure Law in the People's Republic of China. Martinus Nijhoff Publishers. Archived from the original on 9 February 2018. Retrieved 2 January 2018.
^ "Is Life Without Parole a Signal of China's Will to Reduce Executions?". Dui Hua Foundation. Archived from the original on 10 February 2018. Retrieved 2 January 2018.
^ "Section 2 The President of the People's Republic of China - CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA". Archived from the original on 10 November 2017. Retrieved 9 February 2018.
^ ab Kovčo Vukadin, Irma; Žakman-Ban, Vladimira; Jandrić-Nišević, Anita (2010). "Prisoner Rehabilitation in Croatia" (PDF). Varstvoslovje, Journal of Criminal Justice and Security. 12 (2): 143–162. ISSN 1580-0253. Retrieved 1 December 2010.
^ "Czech Criminal Code". Business.center.cz. Archived from the original on 25 July 2011. Retrieved 30 March 2012.
^ The court may decide that only the time in less-than-maximum security prison counts for the purposes of parole and that the convict must serve at least ten years in maximum security. A record of good behavior is needed for transfer to lower security in which 20 years must be served then.
^ Danish Criminal Act Archived 21 March 2016 at the Wayback Machine section 41
^ af ptho for TV 2 Nyhederne. "Hvorfor er livstid kun 16 år i Danmark? – TV 2 Nyhederne". Nyhederne-dyn.tv2.dk. Retrieved 30 March 2012.
^ "Estonian Penal Code (English translation)". Archived from the original on 4 September 2015. Retrieved 6 July 2013.
^ "Estonia releases first life prisoner – BONJOUR L'ESTONIE". Shaan.typepad.com. 6 November 2008. Archived from the original on 17 July 2011. Retrieved 3 August 2011.
^ "Finnish criminal law" (in Finnish). Finlex. 10 December 2018. Retrieved 26 December 2018.
^ "Oikeuslaitos – Imprisonment and community service". Oikeus.fi. Archived from the original on 25 June 2009. Retrieved 3 August 2011.
^ sec. 57a(1) German Criminal Code Strafgesetzbuch
^ sec. 38(2) German Criminal Code
^ sec. 211(1) German Criminal Code
^ sec. 6(1) German Criminal Code on crimes against international law and war crimes Völkerstrafgesetzbuch
^ sec. 7(1) German Criminal Code on crimes against international law and war crimes
^ sec. 8(1) German Criminal Code on crimes against international law and war crimes
^ A person between the ages of 18 and 21 can be tried before a juvenile court "Jugendgericht" (which happens in almost all cases concerning minors) or an adult court, which is determined by the intellectual development of the accused and the severity of the crime itself.
^ "Article 549 Penal Code". english.al-akhbar.com. Archived from the original on 14 April 2014.
^ Ari Yashar (28 March 2014). "Lebanese Revolution? Death Sentence For Wife Beater". ArutzSheva. Archived from the original on 14 April 2014. Retrieved 17 April 2014.
^ "VIII-1250 Lietuvos Respublikos įstatymas dėl Europos žmogaus teisių ir pagrindinių laisvių apsaugos konvenc..." e-seimas.lrs.lt. Archived from the original on 11 June 2016. Retrieved 21 May 2016.
^ "Código Penal – Art. 1 a 100" (in Portuguese). Imprensa Oficial (Government Printing Bureau). 14 November 1995. Archived from the original on 21 February 2009. Retrieved 17 February 2009.
^ For details of new rulings from Mexican Supreme Court, see: "Wanted Fugitive Raul Gomez Garcia Extradited to the U.S." (US Embassy in Mexico) Archived 15 May 2007 at the Wayback Machine and Mexico alters extradition rules (BBC News) Archived 3 December 2005 at the Wayback Machine)
^ "6 Nigerian Soldiers Bag Life Imprisonment". ConnectAfrica. 19 November 2008. Archived from the original on 18 July 2011. Retrieved 3 August 2011.
^ "Criminal Code of Romania, art. 55" (in Romanian). Archived from the original on 31 January 2013. Retrieved 14 December 2012.
^ C. Mitrache, C. Mitrache (2010). Drept penal român. Universul Juridic. p. 198.
^ "Criminal Code of Romania, art. 109" (in Romanian). Archived from the original on 31 January 2013. Retrieved 14 December 2012.
^ § 117 Slovak Criminal Code
^ § 89 Criminal Code of Slovenia (Kazenski zakonik, KZ), temporarily pursuant as per § 375 of (the new) Criminal Code of Slovenia (Kazenski zakonik; KZ-1)
^ Riksdagsförvaltningen. "Svensk författningssamling 1962:700". riksdagen.se. Archived from the original on 23 June 2015.
^ Riksdagsförvaltningen. "Svensk författningssamling 1974:152". riksdagen.se. Archived from the original on 29 December 2015.
^ art. 112 Swiss Criminal Code
^ art. 185 Swiss Criminal Code
^ art. 264 Swiss Criminal Code
^ art. 266 Swiss Criminal Code
^ (in French)art. 25 Juvenile Criminal Code Archived 14 May 2010 at the Wayback Machine
^ art. 173 al. 1 let. k Constitution of the Swiss Confederation
^ "Archived copy". Archived from the original on 6 October 2017. Retrieved 10 July 2017.CS1 maint: Archived copy as title (link) Life Sentence Prisoners in Scotland
^ This is subject to sentencing guidelines applicable to each offence and to limits on the sentences which can be applied in courts dealing with minor offences.
^ "Archived copy". Archived from the original on 10 February 2018. Retrieved 10 July 2017.CS1 maint: Archived copy as title (link) Criminal Proceedings in Scotland 2014-15
^ Deborah McAleese; Emily Moulton (28 June 2008). "Fury over ruling that could see Attracta's killer freed". Belfast Telegraph. Retrieved 17 April 2014.
^ "Neutral Citation No.[2008] NICA 27". courtsni.gov.uk. Archived from the original on 22 August 2011.
External links
- International perspectives on life imprisonment
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