Life imprisonment
Encyclopedia
Life imprisonment is a sentence
of imprisonment
for a serious crime under which the convicted person is to remain in jail
for the rest of his or her life. Examples of crimes for which a person could receive this sentence include murder
, severe child abuse
, rape
, high treason
, severe or violent cases of drug dealing
or human trafficking
, or aggravated cases of burglary
or robbery
resulting in death or grievous bodily harm
.
This sentence does not exist in all countries. Portugal
was the first country in the world to abolish life imprisonment by the Prison reform
s of Sampaio e Melo, in 1884. However, where life imprisonment is a possible sentence, there may also be formal mechanisms to request parole
after a certain period of imprisonment. This means that a convict could be entitled to spend the rest of the sentence (that is, until he or she dies) outside of prison. Early release is usually conditional depending on past and future conduct, possibly with certain restrictions or obligations. In contrast, in jurisdictions without life imprisonment, a convict who has 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 not often 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 30 years in the case of life imprisonment. The highest determined prison sentence that can be imposed in the ICC is 40 years in prison, other than life imprisonment. After this period, the court shall then review the sentence to determine whether it should be reduced.
Unlike other areas of criminal law
, sentences handed to minors
do not differ from those given to legal adult
s. A few countries worldwide had allowed for minors to be given lifetime sentences that have no provision for eventual release. Countries that allow life imprisonment without the possibility of parole for juveniles include Antigua and Barbuda, Argentina, Australia, Belize, Brunei, Cuba, Dominica, Saint Vincent and the Grenadines, the Solomon Islands, Sri Lanka, and the United States. Of these, only the United States currently has minors serving such sentences. As of 2009, Human Rights Watch had calculated that there were 2,589 youth offenders serving life without parole in the United States.
In 2010, the United States Supreme court ruled that sentencing minors to life without parole for crimes other than first-degree murder violated the 8th Amendment
's ban on "cruel and unusual" punishment, in the case of Graham v. Florida
.
or Portugal
, and have written such prohibitions into the current constitutional law of these countries. The most populous nation-state to abolish all forms of life imprisonment is Brazil
; Article 84, paragraph 19 of the Brazilian Constitution sets a mandatory cap on prison terms at 30 years (ironically, this same article of the constitution allows for capital punishment in cases of treason, defection, mutiny and genocide during wartime).
A number of European countries have abolished all forms of indefinite imprisonment, including Serbia, Croatia, Spain and Bosnia and Herzegovina which set the maximum sentence at 40 years and Portugal which sets the maximum sentence at 25 years; Norway has abolished life imprisonment, but retains other forms of indefinite imprisonment. The only country in Asia have abolished all forms of indefinite imprisonment is Nepal; the Chinese dependency (Special Administrative Region) and former Portuguese colony of Macau
also maintains a mandatory cap on prison sentences, having inherited the law from Portuguese rule. One African country, the Republic of the Congo
, is known to have instituted a 30 years mandatory cap on prison sentence terms.
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 in Honduras is 40 years, 50 years in Costa Rica, 60 years in Colombia, 30 years in Nicaragua, El Salvador, Bolivia, Uruguay, and Venezuela, and 25 years in Ecuador.
In the United States, a 2009 report by the Sentencing Project
suggested that life imprisonment without parole should be abolished, a suggestion that was met with opposition from law enforcement officials.
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
of imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
for a serious crime under which the convicted person is to remain in jail
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
for the rest of his or her life. Examples of crimes for which a person could receive this sentence include murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, severe child abuse
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
, rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
, severe or violent cases of drug dealing
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
or human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
, or aggravated cases of burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
or robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
resulting in death or grievous bodily harm
Grievous bodily harm
Grievous bodily harm is a term of art used in English criminal law which has become synonymous with the offences that are created by sections 18 and 20 of the Offences against the Person Act 1861....
.
This sentence does not exist in all countries. Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
was the first country in the world to abolish life imprisonment by the Prison reform
Prison reform
Prison reform is the attempt to improve conditions inside prisons, aiming at a more effective penal system.-History:Prisons have only been used as the primary punishment for criminal acts in the last couple of centuries...
s of Sampaio e Melo, in 1884. However, where life imprisonment is a possible sentence, there may also be formal mechanisms to request parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
after a certain period of imprisonment. This means that a convict could be entitled to spend the rest of the sentence (that is, until he or she dies) outside of prison. Early release is usually conditional depending on past and future conduct, possibly with certain restrictions or obligations. In contrast, in jurisdictions without life imprisonment, a convict who has 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 not often tell anything about the actual date of being granted parole. Article 110 of the Rome Statute
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
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 30 years in the case of life imprisonment. The highest determined prison sentence that can be imposed in the ICC is 40 years in prison, other than life imprisonment. After this period, the court shall then review the sentence to determine whether it should be reduced.
Unlike other areas of criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, sentences handed to minors
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
do not differ from those given to legal adult
Adult
An adult is a human being or living organism that is of relatively mature age, typically associated with sexual maturity and the attainment of reproductive age....
s. A few countries worldwide had allowed for minors to be given lifetime sentences that have no provision for eventual release. Countries that allow life imprisonment without the possibility of parole for juveniles include Antigua and Barbuda, Argentina, Australia, Belize, Brunei, Cuba, Dominica, Saint Vincent and the Grenadines, the Solomon Islands, Sri Lanka, and the United States. Of these, only the United States currently has minors serving such sentences. As of 2009, Human Rights Watch had calculated that there were 2,589 youth offenders serving life without parole in the United States.
In 2010, the United States Supreme court ruled that sentencing minors to life without parole for crimes other than first-degree murder violated the 8th Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
's ban on "cruel and unusual" punishment, in the case of Graham v. Florida
Graham v. Florida
Graham v. Florida was a decision by the Supreme Court of the United States, in 2010, in which it was held that juvenile offenders cannot be sentenced to life imprisonment without parole for non-homicide offenses. The court decided whether Roper v...
.
World view
Reform or abolition
In a number of countries, life imprisonment has been effectively abolished. The majority of countries whose governments have abolished both life imprisonment and indefinite imprisonment have been culturally influenced or colonized by SpainSpain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
or Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, and have written such prohibitions into the current constitutional law of these countries. The most populous nation-state to abolish all forms of life imprisonment is Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
; Article 84, paragraph 19 of the Brazilian Constitution sets a mandatory cap on prison terms at 30 years (ironically, this same article of the constitution allows for capital punishment in cases of treason, defection, mutiny and genocide during wartime).
A number of European countries have abolished all forms of indefinite imprisonment, including Serbia, Croatia, Spain and Bosnia and Herzegovina which set the maximum sentence at 40 years and Portugal which sets the maximum sentence at 25 years; Norway has abolished life imprisonment, but retains other forms of indefinite imprisonment. The only country in Asia have abolished all forms of indefinite imprisonment is Nepal; the Chinese dependency (Special Administrative Region) and former Portuguese colony of Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
also maintains a mandatory cap on prison sentences, having inherited the law from Portuguese rule. One African country, the Republic of the Congo
Republic of the Congo
The Republic of the Congo , sometimes known locally as Congo-Brazzaville, is a state in Central Africa. It is bordered by Gabon, Cameroon, the Central African Republic, the Democratic Republic of the Congo , the Angolan exclave province of Cabinda, and the Gulf of Guinea.The region was dominated by...
, is known to have instituted a 30 years mandatory cap on prison sentence terms.
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 in Honduras is 40 years, 50 years in Costa Rica, 60 years in Colombia, 30 years in Nicaragua, El Salvador, Bolivia, Uruguay, and Venezuela, and 25 years in Ecuador.
In the United States, a 2009 report by the Sentencing Project
Sentencing Project
The Sentencing Project, based in Washington, D.C., promotes "more effective and humane" alternatives to prison for criminal offenders. It has produced several influential reports on inequalities in the U.S...
suggested that life imprisonment without parole should be abolished, a suggestion that was met with opposition from law enforcement officials.
Overview by jurisdiction
Summary by country
| 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 | Possible other sentence | Under age of 18 (or 21) | Pardon, amnesty, other release |
|---|---|---|---|---|---|---|---|---|
| Abkhazia | ?? | ?? | ?? | ?? | ?? | ?? | ?? | ?? |
| Afghanistan | Yes | 25 years or never | None | Yes | Murder, rape, robbery, sodomy | Treason, drug trafficking | Yes | By President |
| Argentina | Yes | 20 years, or never | None | Yes | Murder with aggravating circumstances; murder of a relative; murder of and/or by a police officer; treason | Serial rape | ?? | By president or governor of a state (depending on jurisdiction) |
| Austria | Yes | 15 years | None | No | Genocide | Murder, leadership of a drug dealer gang, 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 | Maximum 20 years | Pardon by president |
| Australia | Yes | 10 years, 20 years, 25 years, or never; individually set by judge | None | Yes | Murder of police officer or other public official, murder in South Australia, Queensland, Northern Territory, aircraft hijacking. | Treason, terrorism, drug trafficking, rape, serious child sex offences | Must have minimum term set (under 18) | Compassionate release by Governor of state/Administrator of territory, or Governor-General |
| Azerbaijan | Yes | Never; usually pardon by President after 20–30 years | None | No | Murder, terrorism, war crimes, genocide | Drug trafficking, human trafficking, robbery, rape | Yes | By President |
| Belarus | Yes | 25 years | None | ?? | ?? | ?? | Maximum 15 years | ?? |
| Belgium | Yes | 10 years, or 16 years if recidivist Recidivism Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior... |
None | ?? | ?? | ?? | ?? | ?? |
| Belize | Yes | Never | ?? | ?? | ?? | ?? | ?? | ?? |
| Bolivia | No (Except in Wartime | 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) | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Bulgaria | Yes | 20 years or never (depending on crime) | None | Yes | None | Aggravated murder, aggravated kidnapping, aggravated robbery, treason, espionage, war crimes, genocide, desertion in wartime | Maximum 12 years | By President |
| Canada | Yes | 7–25 years | None | Yes | High treason, murder, crimes against humanity Crimes Against Humanity and War Crimes Act The Crimes Against Humanity and War Crimes Act is a statute of the Parliament of Canada. The Act implements Canada's obligations under the Rome Statute of the International Criminal Court... |
Drug trafficking, aggravated sexual assault, manslaughter, kidnapping, rioting, robbery, terrorism, war crimes | Yes, when tried as an adult | Compassionate release and pardon by minister of justice |
| Cape Verde | No | Varies, depending on sentence | 25 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Colombia | No | Varies, depending on sentence | 60 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Costa Rica | No | Varies, depending on sentence | 50 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Chile | Yes | 20 years, or never | None | Yes | Murder | ?? | ?? | By President |
| People's Republic of China Life imprisonment in the People's Republic of China Life imprisonment in the People's Republic of China is currently legal, but rarely applied. Since most crimes are punishable by death, life imprisonment is rarely applied. It is administered for repeated offenses and ordinary crimes. Those sentenced to life imprisonment have no possibility of... |
Yes | never | None | No | No | Various | Yes | By courts |
| Croatia Life imprisonment in Croatia , there is no life imprisonment in Croatia. The Criminal Code prescribes long-time imprisonment - 20 to 40 years - for the most severe criminal offenses... |
No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | No life imprisonment sentence | No life imprisonment sentence |
| Cuba | Yes | Never; only pardon by president | None | No | Murder, Drug trafficking | ?? | Yes | By President |
| Cyprus | Yes | 20 years | None | ?? | ?? | ?? | ?? | ?? |
| Czech Republic | Yes | 20 years | None | No | None | Some cases of murder, treason, terrorism, genocide, robbery, kidnapping, rape | No life imprisonment sentence | By President |
| Denmark | Yes | 12 years, or never | None | Yes | ?? | ?? | Maximum 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 | 13-15 years (10 years) 16-17 years (15 years) | 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 |
| El Salvador | No (Except in wartime) | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Egypt | Yes | Never | None | No | Murder, Rape, Kidnapping, Terrorism | Drug offenses | Yes | Pardon by president |
| Estonia | Yes | Never | None | Yes (de facto) | ?? | ?? | Maximum length 10 years | Pardon by president |
| Finland | Yes | 12 years for court release, any time for presidential pardon | None | Yes | Murder, purposefully killing police officer | Genocide, high treason, espionage, war crimes, homicidal terrorist act | Maximum length 15 years (under age of 18); minimum 10 years for parole request (under age of 21) | By president, Helsinki Court of Appeal |
| France | Yes | 18–22 years, 30 years, or never | None | Yes, but only if decided by court at sentencing | None | Aggravated murder, aggravated torture, treason, terrorism, drug trafficking, crimes against humanity, war crimes, rape | Maximum length 20 years (under age of 16) | By president, with countersignature from Prime minister and ministry of justice |
| Germany | Yes | 15 years | None | Yes, but only if decided by court at sentencing | Murder, genocide, crimes against humanity, war crimes | See details | 10 years | By Federal President President of Germany The President of the Federal Republic of Germany is the country's head of state. His official title in German is Bundespräsident . Germany has a parliamentary system of government and so the position of President is largely ceremonial... or Minister-President |
| Hungary | Yes | 20–40 years, or never | None | Yes | Murder, after 3 violent crimes | Genocide, high treason | No life imprisonment under 18; maximum length 15 years | By president |
| Honduras | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Hong Kong | Yes | Individually set by judge | None | Yes | Murder | ?? | Must have minimum term set | By Chief Executive of Hong Kong, under the recommendation of Long Term Prison Sentences Review Board |
| Iceland | Yes | 15 years | None | No | Murder, terorrism, drug and human trafficking, treason, torture | Violent cases of a felony, smuggling (excluding drugs and humans) | Maximum length 20 years in prison | By President |
| India | Yes | 25 years or never; individually set by judge | None | Yes | Murder, rape, robbery | Kidnapping | Yes | May be pardoned by President or have sentence commuted by Government |
| Indonesia | Yes | Never | None | Yes | Murder, terrorism, kidnapping, rape, treason | ?? | ?? | By President |
| Ireland | Yes | 12–30 years or never; individually set by judge | None | Yes | Murder, treason, some syringe injuries, etc. see details | See details | ?? | By President |
| Israel | Yes | 13–30 years, or never | None | Yes | Murder Murder Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide... |
Kidnapping child with intent to murder | No | By president |
| 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 | Maximum length 20 years imprisonment under 16 | By president |
| Jamaica | Yes | 10–30 years or never; individually set by judge | None | Yes | ?? | ?? | ?? | ?? |
| Japan | Yes | 10 years or never | None | No | Death sentence by instigation to a foreign aggression | ?? | Yes | By Emperor |
| Kazakhstan | Yes | 25 years | None | Yes | ?? | ?? | Maximum 20 years | ?? |
| Kiribati | Yes | 5–25 years, or never | None | ?? | ?? | ?? | ?? | ?? |
| Kosovo | ?? | ?? | ?? | ?? | ?? | ?? | ?? | |
| Laos | Yes | Never | None | Yes | ?? | ?? | ?? | ?? |
| Latvia | Yes | 20 years | None | ?? | ?? | ?? | ?? | ?? |
| Lebanon | Yes | Never | None | No | Murder, terrorism, treason | Drug trafficking and manufacturing | Yes | By President |
| Macau | No | Varies, depending on sentence | 25 years (30 in exceptional circumstances) | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Malaysia | Yes | 20 years or never | None | Yes | Murder, drug offenses, serious firearms/ammunition/explosive offenses, terrorism, rape, sodomy, attack on monarch, violence to parliament, treason | ?? | ?? | By King / Monarch / Federal Pardon Committee |
| Mexico Life imprisonment in Mexico Life imprisonment in Mexico is theoretically legal, but as of 2001, the Mexican Supreme Court stated that all persons sentenced to life imprisonment or a lengthy prison term must become eligible for parole after one has served 50 years. If an offender has maintained good behavior, they become... |
No (exception of Chihuahua) | Varies, depending on sentence | 60 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| The Netherlands | Yes | Never | None | Yes (de facto) | None | Attack on monarch, violence to parliament, several facts constituting an offence resulting into death of (a) person(s) (not manslaughter), manslaughter in combination with other facts, facts with intent to terrorism, treason | under 12: never prosecution 12–16: 10 year imprisonment max. 16–18: 20 years imprisonment max. |
By monarch (almost never granted) |
| Nepal | No | Varies, depending on sentence | 20 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| New Zealand | Yes | 10 years, 17 years, 20 years, or never; individually set by judge | None | Yes | Murder Murder Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide... , treason Treason In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a... |
Manslaughter Manslaughter Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates... , certain drug related |
Must have minimum term set (under 18) | Sentence may be reduced or pardon granted by the Governor General (Rarely done) |
| Nicaragua | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Nigeria | Yes | Never | None | Yes | ?? | ?? | No life imprisonment sentence | ?? |
| North Korea | Yes | Never | None | Yes (de facto and de jure) | Murder, espionage, treason | ?? | Yes | By president |
| Northern Cyprus | Yes | Never; Only pardon by President | None | Yes | Murder, Drug trafficking, terrorism, treason | Espionage, war crimes, mutiny, desertion | Maximum sentence for murder is 24 years; only terrorism related cases | Pardon by president; requires counter signature from Prime Minister and Minister of Justice |
| Norway | No | Varies, depending on sentence | 30 years | Yes | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Pakistan | Yes | 25 years | None | ?? | ?? | ?? | ?? | By President |
| Panama | Yes | 25 years | None | Yes | Murder | ?? | Maximum 20 years | By President |
| Paraguay | No | Varies, depending on sentence | 25 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Peru | Yes | Never | None | Yes | Murder, terrorism | ?? | ?? | By President |
| Poland | Yes | 25 years or more—individually set by judge | None | No | None | Genocide, war crimes, high treason, murder, assassination attempt of Polish president | Maximum 25 years (under age of 18) | Pardon by president , Amnesty by act of parliament (last amnesty in 1989) |
| Portugal | No | Varies, depending on sentence | 25 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Romania | Yes | 20 years | None | ?? | ?? | ?? | ?? | ?? |
| Republic of the Congo | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Russia | Yes | 25 years | None | No | No | See details | 10 years for all persons under age 18 | By President |
| Saudi Arabia | Yes | Never | None | No | Possession of alcohol, apostasy, cross dressing | Homosexuality, Witchcraft, adultery, fornication | Yes | By King |
| Serbia | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Slovakia | Yes | 25 years | None | ?? | ?? | ?? | ?? | By President |
| Slovenia | Yes | 25 years | None | Yes | Murder, treason | ?? | ?? | By President |
| Somalia | Yes | Never | None | No | Murder, rape, robbery | Sodomy, adultery, crimes against humanity | Yes | By President |
| South Africa | Yes | 10, 15, or 25 years | None | No | Certain murder, rape and robbery | ?? | ?? | ?? |
| South Korea | Yes | 10 years or never | None | ?? | High treason, robbery (rape) with deadly outcomes, arson, murder of relative, etc. | ?? | Maximum 10 years (for certain violent crimes 20 years) | By President and requires agreement of National Assembly |
| South Ossetia | ?? | ?? | ?? | ?? | ?? | ?? | ?? | ?? |
| Spain | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Syria | Yes | Never | None | No | Murder, political crimes, terrorism, treason | Drug offenses | Yes | By President |
| Sweden | Yes | 10 years or never | None | Yes | None | Murder, kidnapping, arson, war crimes, espionage, sabotage, violent robbery | Life imprisonment sentence from 21 years | By the District Court of Örebro. |
| Switzerland | Yes | 10 years or 15 years; individually set by judge | None | Yes | None | Aggravated murder, aggravated hostage-taking, genocide, endangering the independence of the country | Maximum 4 years if aged 15–17 years (under 15 years, no imprisonment) | By Federal Assembly (Parliament) |
| Republic of China (Taiwan) | Yes | 25 years 10–20 years before June 30, 2006 |
None | Third violent crime | Aggravated murder, hard drug trafficking | Many violent crimes causing death, etc. | Banned by Criminal Code | By President |
| Turkey Life imprisonment in Turkey Life imprisonment in Turkey is a legal form of punishment and the most severe form of punishment. In most cases life imprisonment replaced capital punishment. Law 4771 of 3 August 2002 abolished the death penalty for peace time and replaced capital punishment with life imprisonment for 17... |
Yes | Never; only pardon by the Presdient | None | Yes | Murder, drug trafficking, terrorism, treason | Military offenses, espionage, piracy | Life imprisonment for juveniles is commuted to sentences of up to 24 years | By President in case of permanent illness, disability or decrepitude |
| UK: England and Wales | Yes | 15–40 years or never; individually set by judge | None | Yes | Murder | All common law offences Common law offences Common law offences are crimes under English criminal law and the related criminal law of Commonwealth of Nations countries. These are offences of the common law which are developed entirely by the courts over the years, and for which there is no actual legislation.The various common law offences... , rape, inflicting GBH with intent, wounding with intent, treason, aggravated burglary, criminal Damage with intent to endanger life |
No whole life tariff (under age of 21) | Compassionate release and pardon by minister of justice; amnesty by royal decree alone or with act of parliament (last amnesty in 1747). |
| UK: Scotland | Yes | 15–35 years or never; individually set by judge | None | Yes | Murder | ?? | No whole life tariff | Compassionate release by Cabinet Secretary for Justice (Scottish Government); amnesty by royal decree alone or with act of parliament |
| UK: Northern Ireland | Yes | 15–35 years; individually set by judge | None | No | Murder | ?? | ?? | General release through a referendum based agreement Belfast Agreement The Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process... in 1998 (became applicable in 3 cases i, ii Torrens Knight Torrens Knight is a Northern Ireland loyalist and alleged police informer, who belonged to the "North Antrim & Londonderry Brigade" of the Ulster Defence Association . He was part of the UDA unit that carried out the Greysteel massacre where eight people lost their lives... , iii) |
| Ukraine | Yes | 25 years | ?? | No | Murder with aggravating circumstances | ?? | Maximum 15 yers | By President |
| United States | Yes | 15–35 years, or never (depending on crime) | None | Yes | Varies by state | Varies by state | Life without parole is not allowed for offenders under 18 except in cases of murder. The felony murder rule Felony murder rule The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder... applies. |
By president or governor of a state (depending on jurisdiction) |
| Uruguay | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
| Uzbekistan | Yes | 25 years | None | ?? | Murder with aggravating circumstances, terrorism | ?? | ?? | ?? |
| Vatican City | Yes | Never | None | No | Assassination of the pope, attempted assassination of the pope, terrorism, treason, murder | Drug trafficking, human trafficking, firearm trafficking | Yes in certain cases | By Pope |
| 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) | ?? | ?? | Under 18: maximum 18 years imprisonment, under 16: maximum 14 years imprisonment jail | Usually amnesty after 20–30 years |
See also
- 10-20-Life10-20-LifeThe 10-20-Life law is a mandatory minimum sentencing law in the U.S. state of Florida. It primarily regards the use of a firearm in committing a violent felony. The law's name comes from a set of three basic minimum sentences it provides for...
- IncapacitationIncapacitation (penology)Incapacitation in the context of sentencing philosophy refers to the effect of a sentence in terms of positively preventing future offending....
- Indefinite prison sentence
- Use of capital punishment by nation