Life imprisonment

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Life imprisonment (also known as imprisonment for life, life in prison,[citation needed] 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,[1] 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.[2] 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 is usually on parole for the remainder of their natural lives.[3]

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.[4] 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]

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),[5] 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.[6] 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.[7][8] The United States leads in life sentences (both adults and minors), at a rate of 50 people per 100,000 residents imprisoned for life.[9]

United States[edit]

Main article: Life imprisonment in the 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.[10]

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.[11]

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",[11] 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".[11]

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,[11] 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.[12][13]

World view[edit]

Life imprisonment laws around the world:
  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[edit]

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, the only countries in which the law expressly provides for life sentences without the possibility of parole are England and Wales (within the United Kingdom), the Netherlands, Slovakia, Bulgaria[14], Italy, Hungary and the Republic of Ireland.

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.[15]

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.[16]

Overview by jurisdiction[edit]

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
 Afghanistan Yes Never None Yes Murder, terrorism Treason, drug trafficking Yes[citation needed] By President Yes
Albania Albania Yes, only for men above age 18 25 years Maximum 30 years for all women ?? Murder with aggravating factor Terrorism, war crimes under 18: max. 20 years' imprisonment Only in extraordinary circumstances may the convicted serving life imprisonment be released on parole No
Andorra Andorra No Varies, depending on sentence 25 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Argentina Yes 35 years or never None Yes Murder with aggravating circumstances; murder of a relative; murder of and/or by a police officer; treason Serial rape; Gender homicide ?? By president or governor of a state (depending on jurisdiction) No
 Armenia Yes 20 years 15 years for the first murder conviction, 20–30 years on a second murder conviction and life on a third murder conviction No No Aggravated murder, collaborating with Azerbaijani armed forces, treason ?? By President No
Austria Austria[17] 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
Australia 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, serious child sex offenses, murder in other states under 18: must have minimum term set Compassionate release by Governor of state/Administrator of territory, or Governor-General No [18]
 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 No By President No
 Belarus Yes but only for men aged between the age of 18 and 65 (same as Russia) 25 years 15 years and 25 years (separate sentences; 15 years for men under 18 and 25 years for men at the age of 65 and over as well as women) ?? ?? ?? Maximum 15 years By courts Yes (only for men aged 18–65)
Belgium 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
  • under 12: cannot be prosecuted
  • 12–15: max. detained till the age of 20
  • 16–17: max. 30 years' imprisonment[21]
 Parole by Conditional Release Commission or pardon by King No
 Belize Yes the minimum term fixed by the Court in the case of an offender convicted of

the offence of murder and undergoing a sentence of imprisonment for life;15 years, in the case of any other offender undergoing a sentence of imprisonment for life;

?? ?? ?? ?? ?? ?? Yes
 Bangladesh Yes 30 years

20 Years

No Murder, treason, terrorism Culpable homicide, rape, robbery, dacoity ?? ?? Yes
 Bolivia No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Bosnia and Herzegovina No Varies, depending on sentence 45 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Brazil No [22] Varies, depending on sentence 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
  • under 14: cannot be prosecuted
  • 14-16: maximum 10 years
  • 16-18: maximum 12 years
 By President No
 Cambodia Yes Never None No Murder, genocide, crimes against humanity, terrorism Drug trafficking Yes By King No
Canada Canada Yes 25 years minimum for 1st degree murder or high treason; 10 years minimum for 2nd degree murder (consecutive sentencing may extend parole ineligibility beyond 25 years in multiple murder cases)[24][25] None Yes High treason, 1st degree murder, 2nd degree murder Various crimes including armed robbery, kidnapping, aggravated sexual assault 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.)
 Cape Verde No Varies, depending on sentence 25 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Colombia No Varies, depending on sentence 60 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Costa Rica No Varies, depending on sentence 50 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Chile Yes 20 years; 40 years for military crimes None Yes None Treason, kidnapping with homicide or rape, rape with homicide, parricide, robbery with homicide or rape
  • 14–15: max. 5 years' imprisonment
  • 16–17: max. 10 years' imprisonment
 By President Yes, but only in times of war
China People's Republic of China Yes 13 years of the original sentence having been actually served.[29] Never in extremely serious corruption cases.[30] None No No Various Yes By courts and by President[31] Yes
Croatia 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.)
 Cuba Yes 30 years or never None No none Murder, drug trafficking, Aggravated Robbery Yes[citation needed] By President Yes
 Cyprus Yes 20 years None Yes Premeditated murder Terrorism, treason, drug trafficking ?? By President No
 Czech Republic[33] Yes
  • 20 years generally
  • 30 or more years if part of sentence[34]
 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 Denmark Yes 16 years[35] None[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
 Dominican Republic No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence
  • 13–15: max. 5 years' imprisonment
  • 16–17: max. 8 years' imprisonment
 No life imprisonment sentence No
 Ecuador No Varies, depending on sentence 25 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 El Salvador No (Except in wartime) Varies, depending on sentence 75 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence Yes, but only in times of war
 Egypt Yes Never None No Murder, rape, kidnapping, terrorism Drug offenses Yes By president Yes
 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 Finland Yes 12 years for court release; any time for presidential pardon[39] None Yes Murder High treason, espionage, genocide, crimes against humanity, war crimes, homicidal terrorist act
  • under 18: max. 15 years' imprisonment
  • under 21: minimum 10 years for parole request
 By president, Helsinki Court of Appeal No
France France Yes Varies, depending on sentence;

Up to 30 years if sentencing didn't include an indefinite sentence

30 years for a single murder without additional circumstances, drug trafficking, kidnapping, rape Yes None Murder, mass murder, rape, aggravated torture, aggravated treason, crimes against humanity, war crimes
  • under 16: max. 20 years' imprisonment
  • 16+: Yes
 By president, with countersignature from prime minister and ministry of justice No
Germany 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
  • Since 1977: at judge's discretion, most commonly the minimum of 15 years[40]
 15 years[41] No Aggravated murder,[42] genocide resulting in death,[43] crimes against humanity resulting in death,[44] war crimes against persons resulting in death[45] See details
  • Under 14: cannot be prosecuted
  • 14–18: maximum 10 years
  • 18–21: maximum of 15 years or life[46]
 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.)
 Georgia Yes 20 years None No Murder Terrorism, treason ?? By president No
Greece Greece Yes Individually set by judge 16 years for a single murder, 20–32 years for two murders Yes Multiple murder, mass murder, terrorism ?? Maximum 20 years By President No
Guatemala Guatemala No Varies, depending on sentence 50 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence Yes, but only in times of war
 Hungary Yes 20–40 years or never None Yes Murder, after 3 violent crimes Genocide, high treason under 18: max. 15 years' imprisonment By president No
 Honduras No Varies, depending on sentence 40 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Hong Kong, China Yes Individually set by judge None Yes Murder, genocide involving killing Manslaughter, drug trafficking, treason, incitement to mutiny, piratical acts, rape, arson Must have minimum term set By Chief Executive of Hong Kong, under the recommendation of Long Term Prison Sentences Review Board No
 Iceland No Varies, depending on sentence 20 years No No life imprisonment sentence No life imprisonment sentence No life imprisonment sentence No life imprisonment sentence No
 India Yes 25 years or never None Yes None Kidnapping, murder, dacoity, rape, sedition Yes May be pardoned or reprieved by exercise of prerogative clemency powers of the President or the Governor Yes
 Iraq Yes Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown
 Indonesia Yes Never 20 years,can longer if sentenced by more than 1 court Yes None Premeditated Murder, Murder committed during commission of felony, Rape of child resulting in death or serious injury, Gang Robbery causing death or serious injury, Human Trafficking resulting in death under 18 : maximum of 10 years. By President (can reduced by remission after served at least 5 Years) Yes
Republic of Ireland Ireland Yes 12–30 years or never; individually set by judge None Yes[citation needed] Murder, treason, some serious injuries, etc. (see details) See details ?? By President No
Israel Israel Yes Never None Yes[citation needed] Murder, terrorism Kidnapping child with intent to murder Yes By president usually after 30 years Yes, but only in times of war
Italy Italy Yes 21 years, 26 years, or never None Yes Murder, terrorism, mafia association, drug trafficking, human trafficking, treason Aggravated sexual assault, aggravated robbery, firearm trafficking under 16: max. 20 years' imprisonment By president No
 Jamaica Yes 10–30 years or never; individually set by judge None Yes ?? ?? ?? ?? Yes
Japan Japan Yes, only for someone over the age of 20 (in very rare cases extremely dangerous criminals may get life sentences above the age of 18) 20 years or never None No; replaced by 10 years' imprisonment at age 65 Varies by prefecture (Murder) Death sentence due to foreign aggression
  • Under 14: cannot be prosecuted
  • 14–18: max. 15 years' imprisonment
  • 18–20: max. 20 years' imprisonment or life
 By Emperor Yes
 Jordan Yes Never None No Murder, terrorism, espionage Drug trafficking Yes By King Yes
 Kazakhstan Yes, only for men above age 18 25 years None Yes Murder, terrorism ?? Maximum 20 years By President Yes, but only in times of war
 Kiribati Yes 25 years or never None ?? ?? ?? ?? ?? No
 Kyrgyzstan Yes 30 years None Yes Murder, terrorism ?? ?? By President No
 Kosovo No Varies, depending on sentence 40 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
Laos Laos Yes Never None Yes ?? ?? ?? ?? Yes
 Latvia Yes 25 years None Yes Murder, treason, terrorism, war crimes Drug offenses, rape, robbery, sabotage, crimes against humanity ?? By President No
 Lebanon Yes 10 years None No Aggravated murder, terrorism, treason Drug trafficking and manufacturing Yes By President Yes[47][48]
 Lithuania Yes 25 years None Yes Murder, terrorism ?? ?? By President No (Abolished in 1998.[49])
 Liechtenstein Yes 15 years None No None Murder, terrorism ?? Pardon by prince No
 Luxembourg Yes 15 years None Yes Murder, treason Terrorism ?? By Grand Duke No
 Macau, China No Varies, depending on sentence 25 years (30 in exceptional circumstances)[50] No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
Republic of Macedonia Macedonia Yes 15 years None Yes Aggravated Murder, terrorism Rape, robbery, drug offenses, crimes against humanity Yes By President No
 Malaysia Yes 20 years or never None Yes Murder, drug offenses, serious firearms/ammunition/explosive offenses, terrorism, rape, attack on monarch, violence to parliament, treason ?? Detained at the pleasure of the Yang di-Pertuan Agong / Ruler / Yang di-Pertua Negeri By Yang di-Pertuan Agong / Federal Pardons Board or Ruler / Yang di-Pertua Negeri / State Pardons Board Yes
 Malta Yes Never; only pardon by President None Yes Murder, terrorism ?? ?? By President No
Mexico Mexico No (except in Chihuahua for murder involving kidnapping) Varies, depending on sentence Maximum 60 years (70 years if convicted of murder involving kidnapping); in the state of Chihuahua, murder involving kidnapping merits life sentence No[51] Murder involving kidnapping ??? ?? ??? No
Moldova Moldova Yes 35 years None Yes Murder, terrorism ?? ?? By President No
 Monaco Yes 15 years None Yes Murder, terrorism, genocide, war crimes, crimes against humanity ?? ?? By Prince No
Montenegro Montenegro No Varies, depending on sentence 40 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Morocco Yes Never None No Murder, terrorism, treason Drug trafficking and manufacturing Yes By King / Queen Yes
Mozambique Mozambique No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
   Nepal Yes 20 years None No Murder, terrorism ?? ?? By president No
Netherlands The Netherlands Yes 25 Years

(Used to be never before 2017, but was changed after ruling by European Court of Human Rights and the Supreme Court of the Netherlands.)

None Yes (de facto) No Attack on monarch, violence to parliament, several facts constituting an offence resulting in death of (a) person(s) (not manslaughter), manslaughter in combination with other facts, facts with intent to terrorism, treason
  • under 12: cannot be prosecuted
  • 12–15: maximum 12 month
  • 16–17: maximum 24 months
 By the king or queen and the minister of Justice (almost never granted) No
New Zealand New Zealand Yes Individually set by judge, but not less than 10 years None Yes Treason Murder (mandatory unless manifestly unjust), manslaughter, terrorism, aircraft hijacking, Class A drug trafficking under 18: must have minimum term set Sentence may be reduced or pardon granted by the Governor General (Rarely done) No
 Nicaragua No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Nigeria Yes Never[52] None Yes ?? ??
  • under 7: no imprisonment
  • 7-18: no life imprisonment
 ?? Yes
 North Korea Yes 15 years None Yes (de facto and de jure) Murder, espionage, treason ?? Yes By president Yes
Norway Norway No Varies, depending on sentence 21 years (can be extended indefinitely if the criminal poses a danger to society at the end of served time); 30 years for genocide, war crimes and crimes against humanity Yes No life imprisonment sentence No life imprisonment sentence No life imprisonment sentence, people over age of 15 can be sentenced by normal laws or to child protection No life imprisonment sentence No
 Pakistan Yes 25 years None ?? ?? ?? ?? By President Yes
 Panama No Varies, depending on sentence 50 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Paraguay No Varies, depending on sentence 25 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Peru Yes 35 years or never None Yes Murder with aggravated circumstances, terrorism, treason, sexual relations with under 10 year olds Murder with aggravated circumstances, terrorism, treason, sexual relations with under 10 year olds, serious kidnapping, violent rape, attempted murder ?? By President Yes, but only in times of war
Poland Poland Yes 25 years or more; individually set by judge None No None Genocide, war crimes, high treason, murder, aggravated serious bodily harm, attempted assassination of Polish president under 18: max. 25 years' imprisonment Pardon by president, amnesty by act of parliament (last amnesty in 1989) No
 Portugal No Varies, depending on sentence 25 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Romania Yes 20 years None No; replaced by 25 years' imprisonment at age 60[53] 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[54] under 18: max. 20 years' imprisonment[55] Pardon by President, amnesty by act of Parliament No
 Republic of the Congo No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
Russia Russian Federation Yes, but only for men between 18 and 65 years. 25 years or 30 years (25 years for murder without any additional circumstances and 30 years for murder with exceptional circumstances (for men aged 65 and over as well as women) unless multiple murders are committed for the offender to be liable for life imprisonment) 25 years or 30 years; 25 years for a single murder and also for woman, 30 years for a single murder with exceptional circumstances for men aged 65 years and over as well as women. No No See details under 18: max. 10 years' imprisonment By President Yes, but under moratorium
 São Tomé and Príncipe No Varies, depending on sentence 25 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Saudi Arabia Yes Never None No Apostasy from Islam, drug trafficking, willful killing Homosexuality, witchcraft Yes By King Yes
 Serbia No Varies, depending on sentence 40 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Singapore Yes 20 years None Yes Kidnapping for ransom Drug trafficking, gun crime Prisoner detained at the President's discretion ?? Yes
Slovakia Slovakia Yes 25 years None Yes Murder, terrorism, treason Crimes against humanity, war crimes
  • under 14: no imprisonment
  • 14–17: max. 15 years' imprisonment[56]
 By President No
 Slovenia No 25 years None Yes Murder Terrorism, drug offenses, crimes against humanity
  • under 16: no imprisonment
  • 16–17: max. 10 years of imprisonment in juvenile prison [57]
 By President No
South Africa South Africa Yes 10, 15, or 25 years None No[citation needed] Certain murder, rape and robbery ?? ?? ?? No
 South Korea Yes 20 years(10 years if sentenced when under 18) or never None Yes (de jure) High treason, robbery (rape) with deadly outcomes, arson, murder of relative, etc. Counterfeiting or falsification of currency Yes By President and requires agreement of National Assembly Yes (only 18 or above)
Spain Spain Yes 18 to 22 years, depending on the crime 20 years for a single murder (15 years if it's the perpetrator's first offence), 40 years for a single murder involving terrorism (30 years if it's the perpetrator's first offence) Yes Murder of a minor, rape and murder, terrorism, multiple murder, magnicide, genocide, wartime sexual violence No By Cabinet No
Sweden 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.[58]
  • under 15: no imprisonment
  • 15-21: no life imprisonment
 By the District Court of Örebro (parole hearing). Or by the Government (pardon).[59] No
Switzerland Switzerland Yes 10 years or 15 years; individually set by judge None Yes None Aggravated murder,[60] aggravated hostage-taking,[61] genocide,[62] endangering the independence of the country[63]
  • under 15: no imprisonment
  • 15–17: max. 4 years' imprisonment[64]
 By Federal Assembly (Parliament)[65] No
Suriname Suriname No Varies, depending on sentence 50 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Syria Yes Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown
 Republic of China (Taiwan) Yes 25 years None Third violent crime Aggravated murder, hard drug trafficking Many violent crimes causing death, etc. Banned by Criminal Code By President Yes
 Tajikistan Yes Never None No Murder, terrorism Treason Yes By President Yes
 Thailand Yes Never None No Murder, terrorism, drug trafficking and manufacturing Kidnapping, sex offenses Yes By King Yes
 Timor-Leste No Varies, depending on sentence 25 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Tunisia Yes Never None No Murder, terrorism, treason, hijacking, espionage, attempting to overthrow the government Drug trafficking Yes By President Yes
Turkey Turkey Yes Life imprisonment: 24 years (30 if organized crime), multiple life imprisonments: 30 years (34 if organized crime), aggravated life imprisonment: 30 years (36 if organized crime), multiple aggravated life imprisonments: 36 years (40 if organized crime), or never (aggravated life imprisonment for terrorism) None Yes Murder with special cirucumstances, treason, terrorism Sexual offences, military and political crimes Maximum 24 years By President in case of permanent illness, rehabilitation, disability or decrepitude No
 Turkmenistan Yes Never, only pardon by President None No Murder, terrorism Treason Yes By President No
 Ukraine Yes 20 years None No Murder with aggravating circumstances ?? Maximum 15 years By President No
United Kingdom United Kingdom:
 England and  Wales 		Yes Individually set by judge (maximum whole life order) None Yes Murder See details
  • under 10: cannot be prosecuted
  • 10–21: yes, with specified minimum term
  • 21 and over: may be given whole life order (life without possibility of parole), usually only in the most serious cases involving murder
 By Act of Parliament (in accordance with the principle of parliamentary sovereignty) or royal prerogative of mercy (delegated to the Lord Chancellor) No
United Kingdom 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.[66][67] Under 8 : Presumed not capable of committing a criminal offence.

Under 18 : Detention for an indeterminate period.[68]

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 United Kingdom:
 Northern Ireland 		Yes Individually set by judge None No[69][70] 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 United States Yes (except in Alaska) any minimum term from 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)
 Uruguay No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Uzbekistan Yes, only for men aged between 18 and 60 years 25 years or never 30 years for women and men over the age of 60 No None Aggravated murder, terrorism Maximum 10 years By President No
  Vatican City No Varies, depending on sentence 35 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence (for serious offenses, the Vatican often works with Italian authorities; certain offenses are pardonable or reducible by the Pope and/or ecclesiastical or civil Vatican courts) No
 Venezuela No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence No
 Vietnam Yes Never None Yes (de jure) ?? ??
  • under 16: max. 14 years' imprisonment
  • 16–17: max. 18 years' imprisonment
 By president Yes

See also[edit]

Notes[edit]

  1. ^ "Archived copy". Archived from the original on 2 January 2017. Retrieved 1 January 2017.
  2. ^ "Penalties for Drunk Driving Vehicular Homicide" (PDF) (PDF). Mothers Against Drunk Driving. May 2012. Archived from the original (PDF) on 23 September 2013.
  3. ^ "FAQ". New Zealand Parole Board. Retrieved 9 October 2013.
  4. ^ 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.
  5. ^ Mecon. "InfoLEG - Ministerio de Economía y Finanzas Públicas - Argentina". mecon.gov.ar. Archived from the original on 9 January 2016.
  6. ^ "Laws of Other Nations". usfca.edu. Archived from the original on 27 June 2015.
  7. ^ "The Rest of Their Lives: Life without Parole for Child Offenders in the United States Archived 27 June 2015 at the Wayback Machine.", 2008.
  8. ^ "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.
  9. ^ "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.
  10. ^ 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.
  11. ^ a b c d Drinan, C. H. (2012, March). "Graham on the Ground". Washington Law Review, 87(1), 51–91. Criminal Justice Abstracts. Retrieved 28 October 2012.
  12. ^ "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.
  13. ^ 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.
  14. ^ 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.
  15. ^ Kevin Johnson (22 July 2009). "Report wants life without parole abolished". USA Today. Archived from the original on 21 March 2012.
  16. ^ 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.
  17. ^ "section 18 of the Austrian criminal code". Ris.bka.gv.at. Archived from the original on 22 March 2012. Retrieved 30 March 2012.
  18. ^ "Archived copy". Archived from the original on 14 February 2017. Retrieved 13 February 2017.
  19. ^ "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.
  20. ^ (in French) (in Dutch) extract from the Belgian Official Journal advocaat.be 17 March 2013.
  21. ^ (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
  22. ^ 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.
  23. ^ "Criminal code of the Republic of Bulgaria". Legislationline.org. Archived from the original on 25 March 2012. Retrieved 30 March 2012.
  24. ^ "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.
  25. ^ 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.
  26. ^ Justice BC (11 September 2013). "Maximum Youth Sentences". Youth Criminal Justice Act. Archived from the original on 28 March 2014. Retrieved 17 April 2014.
  27. ^ 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)
  28. ^ 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)
  29. ^ 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.
  30. ^ "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.
  31. ^ "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.
  32. ^ a b 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.
  33. ^ "Czech Criminal Code". Business.center.cz. Archived from the original on 25 July 2011. Retrieved 30 March 2012.
  34. ^ 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.
  35. ^ Danish Criminal Act Archived 21 March 2016 at the Wayback Machine. section 41
  36. ^ 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.
  37. ^ "Estonian Penal Code (English translation)". Archived from the original on 4 September 2015. Retrieved 6 July 2013.
  38. ^ "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.
  39. ^ "Oikeuslaitos – Imprisonment and community service". Oikeus.fi. Archived from the original on 25 June 2009. Retrieved 3 August 2011.
  40. ^ sec. 57a(1) German Criminal Code Strafgesetzbuch
  41. ^ sec. 38(2) German Criminal Code
  42. ^ sec. 211(1) German Criminal Code
  43. ^ sec. 6(1) German Criminal Code on crimes against international law and war crimes Völkerstrafgesetzbuch
  44. ^ sec. 7(1) German Criminal Code on crimes against international law and war crimes
  45. ^ sec. 8(1) German Criminal Code on crimes against international law and war crimes
  46. ^ 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.
  47. ^ "Article 549 Penal Code". english.al-akhbar.com. Archived from the original on 14 April 2014.
  48. ^ 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.
  49. ^ "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.
  50. ^ "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.
  51. ^ 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.)
  52. ^ "6 Nigerian Soldiers Bag Life Imprisonment". ConnectAfrica. 19 November 2008. Archived from the original on 18 July 2011. Retrieved 3 August 2011.
  53. ^ "Criminal Code of Romania, art. 55" (in Romanian). Archived from the original on 31 January 2013. Retrieved 14 December 2012.
  54. ^ C. Mitrache, C. Mitrache (2010). Drept penal român. Universul Juridic. p. 198.
  55. ^ "Criminal Code of Romania, art. 109" (in Romanian). Archived from the original on 31 January 2013. Retrieved 14 December 2012.
  56. ^ § 117 Slovak Criminal Code
  57. ^ § 89 Criminal Code of Slovenia (Kazenski zakonik, KZ), temporarily pursuant as per § 375 of (the new) Criminal Code of Slovenia (Kazenski zakonik; KZ-1)
  58. ^ Riksdagsförvaltningen. "Svensk författningssamling 1962:700". riksdagen.se. Archived from the original on 23 June 2015.
  59. ^ Riksdagsförvaltningen. "Svensk författningssamling 1974:152". riksdagen.se. Archived from the original on 29 December 2015.
  60. ^ art. 112 Swiss Criminal Code
  61. ^ art. 185 Swiss Criminal Code
  62. ^ art. 264 Swiss Criminal Code
  63. ^ art. 266 Swiss Criminal Code
  64. ^ (in French)art. 25 Juvenile Criminal Code Archived 14 May 2010 at the Wayback Machine.
  65. ^ art. 173 al. 1 let. k Constitution of the Swiss Confederation
  66. ^ "Archived copy". Archived from the original on 6 October 2017. Retrieved 10 July 2017. Life Sentence Prisoners in Scotland
  67. ^ 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.
  68. ^ "Archived copy". Archived from the original on 10 February 2018. Retrieved 10 July 2017. Criminal Proceedings in Scotland 2014-15
  69. ^ Deborah McAleese; Emily Moulton (28 June 2008). "Fury over ruling that could see Attracta's killer freed". Belfast Telegraph. Retrieved 17 April 2014.
  70. ^ "Neutral Citation No.[2008] NICA 27". courtsni.gov.uk. Archived from the original on 22 August 2011.

External links[edit]

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