Life imprisonment is not assigned when?

For committing criminal offences shall be punishable. This procedure, that is, the size and nature of the punishment, regulates the criminal code of the Russian Federation.

Crimes

In criminal law there are several types of crime, a kind of classification, according to which forms of punishment for the perpetrator:

1. Small weight – an act which is assigned a period of not more than two years in a penal regime.

2. Average weight – a criminal offence that is prescribed not more than five years of imprisonment in a colony.

3. Serious – actions of a criminal nature, for which the Criminal code provided for measures such as being in a correctional facility for a period of not more than ten years.

4. Particularly serious – actions for the production of which punishment shall be appointed for a term of ten years or more, including imprisonment up to a natural biological death of the organism or forced deprivation of life.

Major crimes

Accordingly, on the basis of the following categories of crimes, it can be noted that life imprisonment shall not be imposed for “light” acts. Basically, these measures are applied for the most serious and dangerous crimes. These include such in the Commission of which substantially violated the rights and freedoms of individual citizens, the whole society or the state and international relations.

All crimes of this type socially dangerous or committed in the same way. While such actions may occur during criminal conduct, and as a result of committing acts of a criminal nature.

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List of articles with a lifetime conclusion

In the criminal position, as a rule, crimes of a special character designated in the articles in the last part.

According to the criminal code, such acts can be attributed to parts 2-5 articles (depending on position) for the following positions: 105, 111, 126, 127, 131, 132, 134, 135, 161-163 and some others. This list at number 7 is attached in a special order of the General Prosecutor's office from 2014.

In addition, there is also a list of articles on which the recognition of acts of a particularly serious depends on when the criminal case was initiated.

In particular, if proceedings were instituted in 2014, they are recognized as a particularly serious under: 205.3, part 1 of article 208, part 1 of article 212 of the criminal code.

Circumstances

When sentencing judges are granted by law to make such decisions, are guided not only by crime, but the presence (or absence) of mitigating or aggravating circumstances. There are, for example, such circumstances, which themselves are enclosed in another position. If such factors are found, they can't be further factored into the decision on sentencing.

Thus, marked on felony counts of life imprisonment shall not apply if in fact there is evidence that mitigate the guilt of the defendant.

Who can be condemned for life?

Regardless of what charges are perpetrating a crime of the utmost gravity, life imprisonment cannot be applied to citizens who are under the age of 18 years and women. Also life imprisonment is not granted to men who have reached the age old enough. What is this age? He is 65 years old.

According to article 56 of the criminal code compulsory measures of restriction of liberty, including for this category of persons can be from two months to twenty years. In special cases: on set of crimes – up to 30 years for multiple convictions – not more than 35 years.

Other criteria

Depending on other factors, which in some cases is not dependent on the criminal, life imprisonment is also not prescribed:

- on the crime included in the category of particularly serious if it is not over;

- if the jury returned a verdict of leniency;

- if the concluded pre-trial cooperation agreement.

Statute of limitations

For each criminal violation, in addition to their primary classification is applied and the Statute of limitations. Heinous acts are given a period of 15 years. The Statute of limitations shall run from the time of the crime, but in the period when, for example, the defendant was hiding, this period is suspended.

In addition, if the court sentenced, and he wasn't executed, too, there are statutes of limitations-15 years for the verdict on a special and dangerous crimes, and life imprisonment is not appointed (and any other types of sanctions).

The Recovery time in this case may occur at the discretion of the court, unlike civil proceedings or in proceedings for crimes of less severity.

This is because because of the time act can have a social or personal risk, as it was directly in the Commission of, or has changed the law that provides for such a severe punishment for the act.

Additional factors

But what was listed above, there are other reasons when life imprisonment is not indicated for the Commission of especiallydangerous acts. These include mitigating circumstances referred to in regulation 61 of the criminal code of the Russian Federation:

- the actions that led to negative consequences, was carried out from compassion.

the act was committed under duress;

- the crime was committed when exceeding limits of necessary defense (it has its own article);

- given the necessary first aid and voluntary compensation of harm.

In the presence of these circumstances, the conclusion to the onset of biological death, that is, life in Russia is not assigned.

Constitutional limits

The question Arises why the legislator has delimited the population into categories by using the life of being in a secure place? In fact should be unimportant, man or woman, when the method of committing a crime or its consequences do not bear a gender load. However, considering the mentioned groups of persons (women, children and men 65 years of age) vulnerable and in need of support, the legislator has determined that these segments of the population consider the penalty does not apply.

Some experts believe that hardened criminals who are serving sentences as prisoners for life, or the culprits, who carried out a particularly serious crime should not be released at all, that is to limit their right of early release.

However, despite the apparent correctness of this opinion, we have to admit the constitutional provisions and the provisions of the Convention on human rights. According to the rules, people should have the right of choice and right to correct. Limit the possibility of release for good behavior is considered a serious violation of the Constitution in Russia.

Where he is serving a punishment?

Sentenced to life imprisonment contained in the colony, which has a special regime. State institution of this type suggests that the criminals first 10 years serve their sentence on strict conditions of detention separately from others in the chamber.

The Citizen who is in such places, can work and study, however, it creates special conditions. That is the attraction to these types of activities in a General manner is not possible because such detainees are held separately and do not allow for common production or training.

Sentenced for being in the colony for life can be allowed to walk around in a designated area in the absence of other inmates. The period is limited to one and a half hours. If the behavior of the perpetrator violates the order and does not involve new crimes, the walk can be extended to two hours.

If the offender does not commit offences or new crimes, it can translate into ordinary or sheltered. Thus, the convicted person spends in prison for 25 years, after which it is possible parole.

Correctional institution

In Russia there are such well-known correctional institutions that house sentenced for life to be in the camera has a special mode or mixed (strict and particular, General and special, etc.).

Such institutions include:

- “Black Dolphin" (Sol ' -Iletsk, Orenburg oblast);

- “White Swan" (Solikamsk, Perm Krai);

- «Black eagle" (Ivdel district, Sverdlovsk oblast);

- “snowy owl" (Labytnangi, Tyumen oblast);

- “Vologda nickle” (island of Fire, Vologda oblast).

How many of the perpetrators are serving life?

Statistics says that prison life replenished annually. This means that the country becomes every year more and more people becoming perpetrators for crimes of a particular category.

According to the Federal penitentiary service of Russia, on January 1, 2015 at correctional facilities serving sentences 1897 a man who was sentenced for life. That's 37 more than in 2014.

Parole

In Russia, life imprisonment is not assigned to without release, as, for example, in Bulgaria. Accordingly, a prisoner has the right, if it's been twenty-five years of a life sentence, to apply to the court for release before the end of the period.

In addition, in the Russian Federation there is a forced order of deprivation of the right of existence, which the pardon may be changed to life imprisonment. Thus, being in a correctional facility until the biological death of the prisoner – it is an act of mercy to a person in accordance with constitutional rights.

There were no cases of probation the guilty, who are serving time in colonies up to biological death. However, there were two attempts to request this exemption, but the court left the sentence unchanged. Thus, even a single convict to the conclusion that biological life was not released on parole, even if he is in the colony's sixty-five years.

In some countries, as already noted, early release is not practiced for those convicted for the rest of your life to spend in prison.

For minors, there are other types of sanctions, asit is believed that for life to condemn the teenager for a particularly violent and dangerous crime is inhumane.

The Most lenient conditions for transfers to other conditions or on PAROLE practiced in Italy. For example, a prisoner in twenty years, can count on the petition for conditional release. Or by a court decision eight years later, the citizen can be provided with preferential conditions in the form of vacation for forty-five days or the conduct of activities outside of the correctional institution.

The Netherlands, on the contrary, do not allow conditional release for prisoners, although the right to appeal for exemption exists. Since 1940, the state was relieved from further stay in the colony only two people who were terminally ill.