Life imprisonment in Italy

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In Italy, life imprisonment (Italian : ergastolo) 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.

After 10 years (8 in case of good behavior) the prisoner may be given permission to work outside the prison during the day and/or to spend up to 45 days a year at home, and after 26 (or 21 in case of good behavior) years, they may be paroled. The admission to work outside the jail or to be paroled needs to be approved by a special court (Tribunale di Sorveglianza) which determines whether or not an inmate is suitable for libertà condizionata (parole).

Unless they co-operate with the authorities, prisoners sentenced for associations with Mafia activities and/or terrorism are ineligible for parole, and thus will spend the rest of their life in prison.

A person sentenced to multiple life sentences in Italy may be required by the Minister of Justice to serve a period of between 6 months to years in the "41-bis regime" of solitary confinement, subject to extension and review. [1] [2] Italian prisoners subject to special surveillance ("41-bis regime") may be in de facto solitary confinement. [1]

Since 1994, the maximum sentence for a person under age 18 has been a term of 20 years' imprisonment.

Related Research Articles

Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes, severe cases of child pornography, or any three felonies in case of three-strikes law. Life imprisonment can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884.

<span class="mw-page-title-main">Solitary confinement</span> Strict imprisonment form

Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additional security equipment in comparison to the general population. Solitary confinement is a punitive tool within the prison system to discipline or separate disruptive prison inmates who are security risks to other inmates, the prison staff, or the prison itself. However, solitary confinement is also used to protect inmates whose safety is threatened by other inmates by separating them from the general population.

<span class="mw-page-title-main">Parole</span> Provisional release of a prisoner who agrees to certain conditions

Parole is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison.

<span class="mw-page-title-main">Pelican Bay State Prison</span> Prison in California operated by the CDCR

Pelican Bay State Prison (PBSP) is a supermax prison facility in Crescent City, California. The 275-acre (111 ha) prison takes its name from a shallow bay on the Pacific coast, about 2 mi (3.2 km) to the west.

<span class="mw-page-title-main">Supermax prison</span> Most secure levels of custody in the prison systems of certain countries

A super-maximum security (supermax) or administrative maximum (ADX) prison is a "control-unit" prison, or a unit within prisons, which represents the most secure level of custody in the prison systems of certain countries.

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 early release 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.

Article 176 of the Italian Criminal Code concerns libertà condizionata

In Italian law, Article 41-bis of the Prison Administration Act, also known as carcere duro, is a provision that allows the Minister of Justice or the Minister of the Interior to suspend certain prison regulations and impose practically a complete isolation upon a prisoner.

In the United States, life imprisonment is amongst the most severe punishments provided by law, depending on the state, and second only to the death penalty. According to a 2013 study, 1 of every 20,000 inhabitants of the U.S. were imprisoned for life as of 2012. Many U.S. states can release a convict on parole after a decade or more has passed, but in California, people sentenced to life imprisonment can normally apply for parole after seven years. The laws in the United States categorize life sentences as "determinate life sentences" or "indeterminate life sentences," the latter indicating the possibility of an abridged sentence, usually through the process of parole. For example, sentences of "15 years to life," "25 years to life," or "life with mercy" are called "indeterminate life sentences", while a sentence of "life without the possibility of parole" or "life with no mercy" is called a "determinate life sentence". The potential for parole is not assured but discretionary, making it an indeterminate sentence. Even if a sentence explicitly denies the possibility of parole, government officials may have the power to grant an amnesty to reprieve, or to commute a sentence to time served.

F-Type-Prisons, officially called F-type High Security Closed Institutions for the Execution of Sentences, are high-security prisons designated by Turkish Law 5275 on the Execution of Sentences.

Life imprisonment in Sweden is a term of imprisonment for an indeterminate length. Swedish law states that the most severe punishment is "prison for 10 years or life." However, a prisoner 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.

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.

By Italian law, murder is regulated by articles 575–582, 584–585, and 589 of the Codice Penale.

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 paroled after 40 years. In certain cases, offenders can be paroled after serving 60 years. Mexico does not extradite any prisoner subjected to capital punishment.

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.

The Prisoner Human Rights Movement was launched in 2011 by Pelican Bay State Prison inmates in response to large numbers of inmates being moved from general prison populations to solitary-confinement units after allegations of gang affiliation or political organizing. Its goal is to improve living conditions for inmates in California.

Capital punishmentin Kuwait is legal. The death penalty is enforced rarely, however, with the last execution occurring in 2022. Hanging is the method of choice for civilian executions. However, shooting is a legal form of execution in certain circumstances.

Nadia Desdemona Lioce is an imprisoned Italian member of the Red Brigades. Lioce was arrested in 2003 with Mario Galesi after a shootout on a train travelling between Rome and Florence and charged with several murders. At trial she admitted being a Brigadist and refused to speak more. She was sentenced to life imprisonment and placed in the restrictive 41-bis prison regime, which involves solitary confinement.

Close Supervision Centres were established by UK Prison Service in 1998, as a means to segregate the most violent or disruptive prisoners. As of 2021, there were 52 inmates held in the restrictive regime which involves solitary confinement. The United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Amnesty International has raised concerns about the centres.

References

  1. 1 2 Report to the Italian Government on the visit to Italy carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 12 to 22 March 2019 (Report). CPT. 21 January 2020. pp. 28–38. CPT/Inf (2020) 2. Retrieved 2022-08-20.
  2. Marini, Fernando (4 March 2019). "Report Decries Use of Solitary Confinement in Italian Prisons". Civil Liberties Union for Europe. Retrieved 2022-08-20, citing Palma, Mauro (7 January 2019). Thematic report on the special prison regime pursuant to Article 41-bis of the Penitentiary Act (2016–2018) (PDF) (Report). Italian Parliament reports. Retrieved 2022-08-20 via Garante nazionale dei diritti delle personeprivate della libertà personale.