Life imprisonment in France

Last updated

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. [1] There is an average of 25 sentences of life imprisonment per year and there are 550 inmates currently jailed for life.[ when? ][ citation needed ] Life sentences for crimes other than aggravated murder are rare.

Inmates jailed for life are required to serve a safety period of 18 to 22 years before they become eligible for parole. [2] [3]

In the case of child murder involving rape or torture, the premeditated murder of a state official (since 2011), and terrorism resulting in death, the court can impose a safety period of up to 30 years, or order that the prisoner is ineligible for parole at all, so-called perpétuité incompressible, or "non-reducible eternity". In all criminal cases, a review can be demanded after 30 years, although in the case of nominal non-parole sentences it is rarely if ever granted. [4] [5] [6]

It is possible to give a reduction of the safety period for serious signs of social re-adaptation (even if the court has ordered that the prisoner is to spend the rest of his or her life in prison [7] ), and it is possible to be freed before the safety period for serious health reasons. [8]

From 2011, the maximum penalty for persons who were under 16 years of age at the time of their crime is 20 years' imprisonment, with eligibility for parole in 10 years; life sentences are very rarely imposed to offenders between 16 and 18, the last being Mathieu Moulinas in June 2013 for raping and burning alive Agnès Marin two years earlier [9] [10] and the last before him was Patrick Dils in 1986 for stoning two children before being exonerated.

Related Research Articles

Life imprisonment is any sentence of imprisonment for a crime under which the convicted criminal is to remain in prison for the rest of their natural life. Crimes that result in 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, theft, piracy, aircraft hijacking, and genocide.

<span class="mw-page-title-main">Capital punishment in Louisiana</span>

Capital punishment is a legal penalty in the U.S. state of Louisiana.

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.

<span class="mw-page-title-main">Capital punishment in India</span>

Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution per Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of cases'.

In England and Wales, life imprisonment is a sentence that lasts until the death of the prisoner, although in most cases the prisoner will be eligible for parole after a minimum term set by the judge. In exceptional cases a judge may impose a "whole life order", meaning that the offender is never considered for parole, although they may still be released on compassionate grounds at the discretion of the Home Secretary. Whole life orders are usually imposed for aggravated murder, and can only be imposed where the offender was at least 21 years old at the time of the offence being committed.

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.

Life imprisonment is the most severe criminal sentence available to the courts in Australia. Most cases attracting the sentence are murder. It is also imposed, albeit rarely, for sexual assault, manufacturing and trafficking commercial quantities of illicit drugs, and offences against the justice system and government security.

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 Sweden is a term of imprisonment for an indeterminate length. It is the most severe punishment available in Sweden. Swedish law states that the longest punishment, other than life imprisonment, is a fixed prison term of 18 years. However, a prisoner convicted to life imprisonment may appeal a partially served life sentence to the District Court of Örebro for "fixing" the sentence. Upon success, the sentence is commuted to a fixed sentence of any number of years considered proportionate to the severity of the crime, after which standard Swedish parole regulations apply. Due to new legislation taking effect in January 2022, any offender aged 18 at the commission of the murder can be sentenced to life imprisonment. Previously, an age limit of 21 applied. Prior to 2006, all life sentences were issued without the possibility of parole, although executive clemency was widely issued to commute life sentences to fixed-time sentences in a similar way now exercised by the judiciary. This procedure is the only way a sentence longer than 18 years may be issued in Sweden.

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 Denmark, a life sentence is the most severe punishment available under the Penal Code, and is reserved for the most serious crimes. The sentence is of indeterminate length. Those under a life sentence in Denmark can request a pardon hearing after 12 years. If the petition is granted, the Justice Minister or his designee issues a pardon, subject to a parole period of up to 5 years.

Since the abolition of the death penalty in the Netherlands in 1870, life imprisonment specifically means imprisonment lasting for the rest of the convicted person's life without the possibility of parole. Unlike in other countries in Europe, there is generally no possibility of early release for anyone sentenced to life imprisonment. Though the prisoner can appeal for a pardon from the monarch, it must be granted by royal decree. This is the only way a person sentenced to life imprisonment can ever be set free from a life sentence; however, there have been few pardons in recent years. Since the 1970s, only three such pardons have been successful, two of which had been terminally ill. As of 2023, there are around 30 inmates serving life sentences in Dutch prisons.

Life imprisonment has been the most severe criminal sentence in New Zealand since the death penalty was abolished in 1989, having not been used since 1957.

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.

In Italy, life imprisonment is the most severe punishment provided by law, and has an indeterminate length. Article 22 of the Italian Penal Code defines life imprisonment as "perpetual, and is taken for granted in one of the establishments destined for this, with the obligation of work and with night-time isolation", thus meaning that the sentence may last for the remainder of the convicted person's life. It is a mandatory punishment for aggravated cases of murder, aggravated cases of terrorism, felony murder in cases where serious violent offences result in death, using a weapon of mass destruction by causing an endemic through the spread of pathogenic germs in the case of a biological weapon, and mafia association under aggravated circumstances. It is also a possible punishment for terrorism, poisoning of water or food supplies, and treason.

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.

Life imprisonment is one of the five principal punishments stipulated in Article 33 of the Criminal Law of the People's Republic of China. In the Criminal Law, there are 87 penalties for life imprisonment.

Life imprisonment is legal under the Greek penal code, and is the most severe punishment available under the law. It can be imposed for multiple murders, mass murder, treason, terrorism, aircraft hijacking, and aggravated hostage taking. Such life sentence is mandatory for multiple murders and any act of terrorism, including aircraft hijacking. For a single life sentence, an inmate can become eligible for parole after serving 16 years. For those who receive multiple life sentences, parole eligibility can begin after 20 years. Parole is not mandatory, and if rejected, the inmate can reapply every 2 years until he or she is released or dies. There are an average of 25 life sentences per year.

On 16 November 2011, Agnès Marin, a 13-year-old girl, was raped and murdered in Le Chambon-sur-Lignon, Haute-Loire, France. The murder was committed by 17-year-old Mathieu Moulinas, a student at the same school who at the time was on parole while awaiting trial for rape of another girl.

<span class="mw-page-title-main">Life imprisonment in Singapore</span>

Life imprisonment is a legal penalty in Singapore. This sentence is applicable for more than forty offences under Singapore law, such as culpable homicide not amounting to murder, attempted murder, kidnapping by ransom, criminal breach of trust by a public servant, voluntarily causing grievous hurt with dangerous weapons, and trafficking of firearms, in addition to caning or a fine for certain offences that warrant life imprisonment.

References

  1. fr:Crimes passibles de la perpétuité en France
  2. "- Legifrance -". Archived from the original on 2011-07-04. Retrieved 2009-08-29.
  3. http://195.83.177.9/code/liste.phtml?lang=uk&c=34&r=4129#art18296
  4. "- Legifrance -". Archived from the original on 2007-11-02. Retrieved 2007-10-23.
  5. "Salah Abdeslam sentenced to life in prison as Paris attacks trial winds up". 29 June 2022.
  6. "Qu'est-ce que la perpétuité incompressible?". 13 November 2014.
  7. "- Legifrance -". Archived from the original on 2011-07-04. Retrieved 2009-08-29.
  8. "- Legifrance -". Archived from the original on 2011-07-04. Retrieved 2009-08-29.
  9. "France Calls for Reform After Murder of Girl, 13". Le Figaro in English. Le Figaro . Paris. November 23, 2011. Retrieved November 1, 2013.
  10. "French minor given life sentence over rape of 13 year old girl". Europe. Radio France Internationale (radio). June 30, 2013. Retrieved November 1, 2013.