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Life imprisonment is legal in Belgium, and is the most severe punishment available under Belgian law since the abolition of the death penalty. Under Belgian law, it can only be imposed for the most serious of crimes, such as homicide, genocide, crimes against humanity, war crimes, or terrorism. Inmates sentenced to life imprisonment are eligible to apply for parole after serving 15 years (when they have no prior record, or a prior sentence below 3 years), 19 years (with a previous conviction below 5 years), or 23 years (with a previous conviction of 5 years or more). [1] If the parole court rejects the parole request, the inmate may thereafter reapply every year until they are released or die.
Minors under age 12 are never prosecuted in Belgium. For those aged 12 to 17, the juvenile tribunal has jurisdiction. The most severe punishment available to a juvenile tribunal for a defendant aged 12-15 is 14 years of fixed-term imprisonment. [ failed verification ]
When the accused is 16 or 17 and suspected of severe offenses, a juvenile court may transfer the case to the correctional tribunal (or, in the most serious of cases, to the court of assizes). The most severe punishment that a court of assizes may pass against a defendant aged 16 or 17 is 30 years' imprisonment (with eligibility to apply for parole after 15 years). [2]
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.
Life imprisonment is any sentence of imprisonment for a crime under which convicted criminals are to remain in prison for the rest of their natural lives. Crimes that warrant life imprisonment are extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, piracy, aircraft hijacking, and genocide.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. The measure was approved in the November 8, 1994 general election with 788,695 votes in favor, and 412,816 votes against.
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In the United States, habitual offender laws have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions.
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions.
Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.
In France, a cour d'assises, or Court of Assizes or Assize Court, is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of felonies, meaning crimes as defined in French law. It is the only French court that uses a jury trial.
Capital punishment is a legal penalty in Japan. In practice, it is applied only for aggravated murder, but the current Penal Code and several laws list 14 capital crimes, including conspiracy to commit civil war; conspiracy with a foreign power to provoke war against Japan; murder; obstruction of the operation of railroads, ships, or airplanes resulting in the death of the victim; poisoning of the water supply resulting in the death of the victim; intentional flooding; use of a bomb; and arson of a dwelling; all resulting in the death of the victim. Executions are carried out by long drop hanging, and take place at one of the seven execution chambers located in major cities across the country.
In the United States, life imprisonment is the most severe punishment provided by law in states with no valid capital punishment statute, and second-most in those with a valid statute. According to a 2013 study, 1 of every 2 000 inhabitants of the U.S. were imprisoned for life as of 2012.
In Germany, life imprisonment has an indeterminate length and is the most severe punishment that can be imposed. A person sentenced to life imprisonment may normally apply for parole after having served 15 years. If the parole court rejects the application, the inmate may reapply after a court determined blocking period no longer than two years. If the court has determined a "severe gravity of guilt" exists, parole is delayed for a non-specific period beyond 15 years.
Life imprisonment in Canada is a criminal sentence for certain offences that lasts for the offender’s life. Parole is possible, but even if paroled, the offender remains under the supervision of Corrections Canada for their lifetime, and can be returned to prison for parole violations.
In France, life imprisonment is a punishment of indeterminate length and may last for the remainder of the convict's life. The sentence is the most severe punishment given under French law and it can be imposed by the courts for aggravated murder, treason, terrorism, drug kingpin and other serious felonies resulting in death or involving torture. There is an average of 25 sentences of life imprisonment per year and there are 550 inmates currently jailed for life. Life sentences for crimes other than aggravated murder are rare.
Life imprisonment in Russia was introduced on December 17, 1992, by the law 4123-I. Courts could not sentence criminals to life imprisonment at that time. Only those who had been sentenced to death penalty could have their sentences commuted to life imprisonment. When the new Criminal Code of Russia was adopted in 1996, life imprisonment became a separate punishment.
Canadian criminal law is governed by the Criminal Code, which includes the principles and powers in relation to criminal sentencing in Canada.
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 provisions of the Turkish Penal Code. Law 5218 of 14 July 2004 abolished the death penalty completely. This law provided that in some 40 provisions of the Turkish Penal Code and other laws such as the Law on Forests the death penalty was replaced by aggravated life imprisonment.