Life imprisonment
Die life imprisonment is one of the most severe forms of sanctions in criminal law in many countries around the world. It is particularly found as the highest form of criminal punishment for serious crimes, especially murder. In German criminal law, life imprisonment signifies incarceration with no fixed time limit, whereby different legal regulations govern its enforcement, suspension, and possible release from prison.
Term and Definition
Life imprisonment refers to a sentence imposed by a court that, according to its wording, is intended to deprive the convicted person of their liberty for life. It differs from fixed-term imprisonment in that it does not formally have a set maximum duration. However, the actual period of imprisonment can be influenced by regulations concerning early release.
Legal Basis
Germany
In Germany, life imprisonment is governed by the Criminal Code (StGB) . According to § 38 (1) StGB, it may be imposed as “life”. The sentence is mandatory for the offense of murder (§ 211 StGB). In addition, the law provides for other particularly serious offenses where a life sentence is possible, such as genocide under § 6 VStGB.
Austria
In Austrian criminal law as well, life imprisonment (§ 18 StGB) can be imposed, particularly for murder and other serious crimes. Here, there is a similar possibility of conditional release after serving a minimum period.
Switzerland
In Switzerland, life imprisonment is provided for in the Criminal Code (Art. 40 Swiss StGB) and is applied, for example, in cases of murder or particularly severe sexual offenses.
Requirements and Imposition
Absolute and Relative Threat of Penalty
Some criminal offenses require the imposition of life imprisonment (absolute threat of penalty), e.g., murder under German law. Others provide for this sentence as a possibility within sentencing (relative threat of penalty), such as particularly serious cases of manslaughter.
Sentencing and Particularly Grave Guilt
The finding of “particularly grave guilt” (§ 57a para. 1 sentence 1 no. 2 StGB) is regularly a central criterion. The court must independently assess whether the perpetrator’s guilt significantly exceeds the level of ordinary crimes, which in particular affects the suspension of the remaining sentence on probation.
Enforcement and Prison Conditions
The enforcement of life imprisonment generally takes place in correctional facilities. The conditions are determined by the respective state prison laws or by national standards, which cover, among other things, the protection of human dignity, care, employment, and reintegration programs.
Preventive Detention
For particularly dangerous offenders, so-called preventive detention may be ordered in addition to life imprisonment. This follows after the prison sentence has been served and serves solely to protect the public.
Suspension on Probation and Release from Prison
Legal Basis
In Germany, § 57a StGB stipulates that life imprisonment may be suspended on probation after at least 15 years, provided that the particularly grave guilt does not require the continuation or preventive detention has not been ordered.
Requirements for Release
Early release is only considered if the convicted person is no longer deemed dangerous, there are no significant risks of reoffending, and there are positive reintegration prospects. The chamber for the execution of sentences is responsible for this decision.
Recidivism and Revocation of Probation
In the case of probation, release can be revoked if the person reoffends seriously or violates probation conditions.
Distinction from Other Sanctions
Fixed-term Prison Sentence
A fixed-term prison sentence, in contrast to life imprisonment, is limited to a specific period (at least one month and up to a maximum of 15 years under § 38 (2) StGB).
Death Penalty
In many modern legal systems, life imprisonment has replaced the death penalty as the most severe legal sanction. In Germany, the death penalty is abolished pursuant to Art. 102 GG.
Reform Debates and Criticism
Human Rights and Proportionality
Life imprisonment is the focus of legal debates both nationally and internationally, particularly with regard to respect for human dignity and the possibility of rehabilitation. The European Court of Human Rights requires that even for life sentences, there must be a realistic prospect of release (case “Vinter and others v. United Kingdom”).
Rehabilitation and Security Interests
Supporters view life imprisonment as an important contribution to protecting society and victims’ interests, while critics point to the sometimes lack of perspective for affected persons and demand humane prison conditions.
International Perspectives
Regulations regarding life imprisonment differ significantly worldwide. While some countries allow actual imprisonment until death, others have fixed or flexible minimum terms to be served. Furthermore, there are states in which regular reviews of continued detention or release on parole are legally required.
Conclusion
Life imprisonment is the most extreme regular sanction in modern legal systems. It is usually reserved for serious crimes and is subject to strictly regulated legal requirements. At the same time, it is the subject of numerous reform debates, particularly focusing on human rights aspects and rehabilitation requirements. A balanced criminal justice system seeks to reconcile the interests of public safety, justice for victims, and the human dignity of convicted persons.
Frequently Asked Questions
How is the beginning and end of a life sentence determined by law?
The beginning of a life sentence is legally determined by the final judgment setting the penalty. The sentence generally begins when the convicted person is admitted to a correctional facility on the basis of the enforceable verdict. The end of life imprisonment, on the other hand, is not fixed by a calendar date, since the law – in Germany, § 38 StGB – does not provide for a fixed time limitation. However, according to § 57a StGB, it is possible to apply for probation after 15 years. The final release then occurs by judicial order, when taking into account public safety there is no longer any risk posed by the convicted person. The actual time served in prison can be significantly extended by special security interests. There is no automatic termination of a life sentence; rather, it continues until either a corresponding court decision for probation is made or the person dies.
What requirements must be met for early release after a life sentence?
According to § 57a StGB, a life sentence may be suspended on probation if the convicted person has served at least 15 years, there is no finding of particularly grave guilt or this no longer plays a role for risk assessment after 15 years, and a favorable social prognosis can be made considering public safety interests. This means there must be no risk that the released person will commit further serious crimes. The competent chamber for execution of sentences makes the decision after comprehensive assessment of the convicted person’s personality, the nature of the offense, conduct during imprisonment, and other relevant factors. The hearing of the convict and, if necessary, forensic psychiatric opinions are regularly part of the decision-making process.
Are there differences between life imprisonment for adults and for young adults or juveniles?
Under German juvenile criminal law, according to § 18 JGG, there is no life sentence for juveniles (up to 18 years). For young adults (18 to 21 years), the juvenile court may exceptionally impose a life sentence if juvenile law generally applies, but the offense, by its nature, execution, and culpability, is equivalent to an adult crime. In practice, however, a maximum sentence of 10 years is regularly imposed for young adults. The application of life imprisonment to young adults is therefore an exception and requires particularly careful justification.
How is a finding of particularly grave guilt dealt with?
If the judgment finds particularly grave guilt (§ 57a para. 1 no. 2 StGB), by law, suspension of enforcement on probation after 15 years is regularly excluded. Review of suspension on probation can only take place after an individually determined mandatory waiting period, the minimum of which is not conclusively set by law. There are decisions by the Federal Constitutional Court requiring that, even in such cases, an individualized review must be conducted after about 18 to 25 years to avoid lifelong imprisonment without hope for release.
Can life imprisonment be combined with preventive detention?
Yes, under German law, it is possible to order subsequent preventive detention (§ 66 StGB) in addition to life imprisonment. This presupposes that the convicted person continues to be considered dangerous to the public and an appropriate judicial order is made. After serving the life sentence, the individual remains in custody to protect society from further serious offenses. Preventive detention is not a punishment in the strict sense, but a preventive measure subject to ongoing judicial review.
What legal remedies are available against a conviction to life imprisonment?
Against the judgment imposing life imprisonment, the convicted person may use the regular legal remedies of German criminal procedure. These include, in particular, appeal (not available at Regional Courts, as these are always tried as first instance at the Regional Court) and, in particular, appeal to the Federal Court of Justice under § 333 StPO. The appeal can challenge violations of substantive or procedural law. In exceptional cases, a constitutional complaint to the Federal Constitutional Court or an individual complaint to the European Court of Human Rights may be possible, for example when violations of the Basic Law or the European Convention on Human Rights are alleged.
How are the rights and obligations of the convict regulated during incarceration?
The rights and obligations of a person sentenced to life imprisonment are governed by the provisions of the Prison Act (StVollzG) or corresponding state laws. While serving the sentence, the convict is generally entitled to rights such as human dignity, medical care, opportunities for work and education, and access to lawyers. Obligations mainly include compliance with prison regulations and instructions from prison authorities. Despite the long period of imprisonment, the main goal remains rehabilitation, although special regulations and monitoring measures may apply if the offender continues to pose a significant danger to the public.
What does life imprisonment mean in the context of international prison conditions and human rights?
International standards, particularly the ECHR (European Convention on Human Rights), require that even life sentences must generally provide a real possibility for early release under clear conditions and must not, in effect, mean imprisonment until death. The European Court of Human Rights has repeatedly ruled that the absolute exclusion of the possibility of probation would violate the prohibition of torture (Art. 3 ECHR). German jurisprudence complies with these requirements by regularly providing review and the possibility of release after 15 years at the latest, provided there are no special security concerns.
