The award of life imprisonment. The Criminal Code of the Russian Federation

The death penalty and life imprisonment serve as the supreme penalty for specific crimes. This measure begins to operate from the moment the sentence comes into force. Completion of the punishment is considered to be the biological termination of the convict's existence. Let's consider further, for what give a lifelong punishment.

General information

In a number of countries, the use of life imprisonment acts as the single maximum penalty for unlawful acts. In other states where there is another higher measure, it acts as its alternative or in the form of a pardon. It is appointed, for example, for murder. The Criminal Code provides for such a measure for acts of special gravity. In some countries, sentenced persons are not entitled to early release. In some states, the appointment of life imprisonment does not mean that the perpetrator will serve time until his death. Legislation can allow a maximum period of punishment or early release after a certain time.

Prisons of life imprisonment in Russia

There are several institutions in the country where criminals are held until the end of their days. They include:

1. The Polar Owl. This Russian prison is located in the village of Harp. In it, Pichushkin ("Bitsevsky maniac"), Evsyukov (formerly a major of the militia) are serving their term.
2. Black eagle. This IR is located in the village of Lozvinsky. Here sit Tikhomirov (terrorist), Chudinov, Sedykh ("Lipetsk chikatilo").
3. "The Vologda Pyatik". It is located near the town of Belozersk. In this colony of life imprisonment there are Bychkov, Gridin "Liftter", Anufriev.
4. "White Swan". This Russian prison is in Solikamsk. Vinogradov, who shot seven colleagues, Piskikov, Burtsev, Murylev, and Volkhov, is serving his sentence here.
5. "Black Dolphin". This institution is located in Sol-Iletsk. Life time here serve out Brazhnov, maniacs Nagorny and Mukhankin, as well as cannibal Nikolaev.

Features of the verdict

Articles of the Criminal Code of the Russian Federation for which such a severe punishment is established include crimes against the life, health, sexual inviolability of a person who has not attained the age of 14 years. These acts are considered particularly serious. This category also includes crimes against public morality, the population, the security of the state and citizens. Earlier, for such acts, shooting was planned. At present, the articles of the Criminal Code of the Russian Federation do not establish such punishment in connection with its cancellation. This happened at the end of the 20th century.

Exceptions

For particularly serious crimes (for example, murder), the Criminal Code of the Russian Federation does not provide for the highest measure if the criminal is a woman, a subject who was not 18 at the time of the crime, as well as men who reached the age of 65 by the time the sentence was passed. The legislation provides for other cases when the punishment is not applied. Persons sentenced to serving their sentence for the rest of their lives can be released on parole. This is possible in the event that the court finds that the convicted person does not need a further stay in the IC and has actually served at least 25 years.

Expert opinion

After the alternative to the shooting was a life sentence, many analysts suggested that soon there will be a shortage of correctional facilities for convicts. However, this opinion was not confirmed in practice. The appointment of life imprisonment was implemented 4 times less often than originally intended. At the same time, the number of such convicts has remained at about the same level for the last decades. For 2005, for example, there were 1543 people serving life sentences. Over the next five years, 312 people were sentenced. In 2011, there were 1517 convicts. From these data it can be seen that the number of especially dangerous criminals has slightly decreased in previous years. But by 2013, their number increased to 1825.

Peculiarities of staying in IR

The persons for whom the punishment in the form of life imprisonment was chosen, are kept in very strict conditions. For convicted there are no indulgences. In the cells where they live, there must be perfect purity. There is always silence in the corridors. Having stayed in such conditions for about 3-4 years, the prisoners become similar, like twins. Their faces become pale, the back hunches, and in the eyes - emptiness. According to psychologists, during the first year prisoners become accustomed to such harsh conditions. Over the next 3 years, they are at roughly the same stable level and somehow resemble biorobots. They perform all the commands without thinking of the words they heard. After that, there comes a certain psychological edge. Or prisoners adapt to perpetual stays in the walls of the cell and continue to be biorobots, or mental and physical degradation occurs. In the latter case, inflammation of the lymph nodes begins, the growth of the cortical layer of the adrenal glands, and ulcers appear in the gastrointestinal tract. Thus, convicts begin to die without any external interference.

For today there is no official mortality statistics for life-long prisoners. But it is known that on average they stay in the IC for the first 5-8 years. The death of prisoners comes as a result of natural causes. It aggravates their state of feeling oppression. In this case, psychological factors play a big role.

Higher penalties in other states: Australia

The Supreme Court may order life imprisonment for very serious crimes. As a rule, convicts may be released after 10 years of serving. If the police were killed, then after 20. In South Wales, with the permission of the governor, the highest measure is applied without indulgence to the criminal. At present, 47 persons are nominated for life, including 1 woman.

USA

In America, depending on the sentence and jurisdiction of the court, life imprisonment may be accompanied by the possibility of release. The period of stay in the relevant institution before the first hearing on clemency must be 15-25 years. Life sentence is applied in the US and citizens who have not reached the age of eighteen. Pardon may be allowed by the decision of the governor or the president.

Turkey

In this country, with lifelong punishment, as a rule, there is no possibility of release. However, in the legislation it is still provided. The period of stay in prison until the first hearing about clemency is 15 years. Together with this, "strict" punishment is provided in Turkey. In the case of committing crimes provided for in anti-terrorist articles, individuals serve their sentence until the end of their days without the right to pardon. For release, the convict must convince the special council in his full repentance, understanding of the gravity of what was done for society and in the absence of threat from it for people.

Finland

Historically, the only person who can give permission for pardon is the president. On October 1, 2006, the Helsinki Court of Appeal also has this right. The release of a convicted person is allowed after 12 years of serving a sentence. If the pardon is denied, then the next hearing can be appointed after 2 years. If the convicted person is pardoned, the release is made under a three-year supervision. In the absence of violations, a citizen becomes completely free after three years. For convicts who committed a crime before the age of 21, the first hearing can be appointed after 10 years of serving. A minor citizen can not be sentenced to life imprisonment.

France

In this country, life sentence can be imposed for high treason, terrorism, deliberate aggravated death, drug trafficking and other crimes, the consequences of which are expressed in death or accompanied by torture. According to statistics, an average of 25 people are sentenced to an average in France every year. Release is allowed after 18 years of serving, for recidivists - 22 years. The court since 1994 can establish for murderers of children if the crime was accompanied by rape or torture, a term of 30 years, or decide that the perpetrator can not be pardoned.

Switzerland

In this country, a life sentence is considered to be the strictest measure. She is appointed for especially dangerous crimes. For example, for genocide, murder, hostage-taking, fighting on the side of foreign states against Switzerland. Such punishment is also provided for espionage, treason, cowardice in battle, insurrection, disobedience to order. This is fixed in the country's military code. To take advantage of the opportunity to be released ahead of schedule, the convicted person must stay at least 15, and in some cases not less than 10 years. In the 1980s and 1990s, recidivists committed a series of murders in Switzerland. In response to these crimes, the Civil Committee collected almost 200 thousand signatures for the proposal to impose severe punishment on such incorrigible persons in the form of being isolated from society for the rest of their days. This measure was supported by 56% of those who voted in 2004. And although only the right-wing People's Party acted for it, it was introduced into the legislation and entered into force in August 2008.

Estonia

In this country, life imprisonment means imprisoning the perpetrator to death. Theoretically, pardon may be permitted by the President's decision. However, in practice, there are no cases of release. Citizens under 18 who are convicted of serious crimes have the opportunity to be pardoned. The maximum period of serving a sentence for adolescents is 10 years.

Japan

In this country, life sentence is the second most severe measure after execution. The punitive laws of Japan do not allow the sentencing of guilty to the supreme measure as well as in other states. A convicted person must stay in prison for at least 10 years in order to be able to ask for a pardon. Over the years, however, this period has increased. By 2011, he was, for example, 35 years old. To date, the convicted person has to stay in prison for at least 20 years. According to statistics in 2010 in Japan there were 2 criminals who served 60 years in isolation from the society without pardon. The deprivation of liberty in this country, as a rule, does not last long. Thus, for example, the perpetrator of rape, even with the use of threat and serious insult, is given a deferment of punishment, provided that this is their first act.

For a 2-degree murder in the presence of mitigating circumstances, a person is sentenced to 5-7 years in prison. Pardon usually comes in 3-5 years in the absence of previous convictions. Opponents of executions in Japan favor alternative long terms of imprisonment with the condition of being in isolation for at least 10 years or for a real life sentence. In some cases, the period may decline. For example, the length of stay in prison before the hearing of pardon decreases in the event of the death of the emperor.