Life imprisonment

Life imprisonment is a term used for a particular kind of sentence of imprisonment. The effect of such a sentence varies between jurisdictions; many nations have a maximum possible period of time a prisoner may be incarcerated, or require the possibility of parole after a set amount of time.

Interpretation in Europe

• In Austria, life imprisonment theoretically means imprisonment until the inmate dies. After 15 years parole is possible, if and when it can be assumed that the inmate will not engage in criminal behaviour any more. This is subject to discretion of a criminal court panel, with possibility of appeals to the high court. Alternatively, the President may grant a pardon upon motion of the Minister of Justice. A life sentence is not applicable to persons, who were younger than 21 years of age when commiting the crime; these persons may get a sentence of up to 20 years.
• In Finland, life imprisonment is a sentence of theoretically indeterminate length. While the law does not force the release the prisoner after certain amount of time, the president usually grants pardons for those who have served for more than 10 years and have exhibited good behaviour.
• In Germany, the minimum time to be served for a sentence of life imprisonment is 15 years, after which the prisoner can apply for parole. If the verdict in the original trial includes an explicit finding of "exceptional gravity of guilt" (in German: "Besondere Schwere der Schuld") then the possibility of parole after 15 years is excluded and the prisoner can apply for the first time after 18 years. After about 10 years of imprisonment, a specialised chamber (technical term in German: "Strafvollstreckungskammer") of the criminal court which is responsible for the case sets a recommended minimum term to be served depending on the individual characteristics of the crime, in other words, a minimum time which is deemed just and appropriate for the gravity of the crime. Release of a prisoner on parole requires (1) that this minimum time is served and (2) that a psychological expert opinion predicts no further danger from this prisoner and a positive social prognosis. In reality, a finding of "exceptional gravity of guilt" drastically increases the time before parole is granted. The average time served for a life sentence in Germany is around 20 years. Around 20% of all people serving life imprisonment stay in prison until their natural death.
• In Greece, a "life term" lasts for 25 years, and one can apply for parole in 16 years. If sentenced to more than one life term, a person must serve at least 20 years before being eligible for parole. Other sentences will run concurrently, with 25-year terms being the maximum and with parole possible after three-fifths of this term are served.
• In Italy, life imprisonment (ergastolo in Italian) has an indeterminate length. After 10 years the prisoner may be conceded a permission for a day work outside the prison (he must be back at night). After 26 years he may be paroled. It is not uncommon for people considered "socially dangerous" to serve 50 years or more. Terminally ill or old prisoners are usually sent to house confinement.
• In the Netherlands, life imprisonment means in principle that the prisoner is to spend the rest of his life in prison. After 20 years he can appeal for mercy, but granting such an appeal happens only very rarely.
• In Norway, a life sentence is limited to 21 years. It is common to serve two-thirds of this and only a small percentage serve more than 14 years.
• In Poland, the prisoner sentenced to life imprisonment must serve at least 25 years in order to be eligible to parole. Moreover, during sentencing, the court may set higher minimum term than above. Since the introduction of life imprisonment in 1997, such minimum term was never higher than 40 years.
• In Sweden, life imprisonment is a sentence of indeterminate length. But since the law states that the most severe punishment is "prison for ten years or life", it is in practice never shorter than ten years. After that time the prisoner can apply to the government for parole. The government may also assign a determined length to the sentence.
• In the United Kingdom, a life sentence is a prison term of indeterminate length. Formerly, the Home Secretary reserved the right to set the "tariff", or minimum length of term, for prisoners sentenced to life imprisonment, but since 2005 only a judge may set the tariff. The average sentence is about 15 years before the first parole hearing, although those convicted for heinous offenses serve their sentences significantly longer - Ian Huntley was given a tariff of 40 years. Some receive "whole life tariffs" and die in prison, such as Myra Hindley and Harold Shipman; there are currently around 25 people serving whole life tariffs in the UK. Prisoners jailed for life are released on a life licence if the parole board authorises their release.