Criminal offenses are punishable. This procedure, that is, the size and nature of the punishment, is regulated by the Criminal Code of the Russian Federation.
Crime Categories
In criminal law, there are several types of crimes, a kind of classification, according to which the punishment for the criminal is formed:
1. Of minor gravity - an act for which a term of no more than two years is assigned to a correctional regime.
2. Moderate - a criminal offense for which not more than five years of imprisonment in a colony are prescribed.
3. Severe - acts of a criminal nature for which the Criminal Code provides for such measures as being in a correctional institution for a term not exceeding ten years.
4. Particularly serious - acts for the punishment of which shall be imposed for a term of ten years or more, including imprisonment until the natural biological death of the body or forced deprivation of life.
The most serious crimes
Accordingly, based on the above categories of crimes, it can be noted that life imprisonment is not appointed for “light” acts. Basically, such measures are used for particularly serious and dangerous crimes. These include those in the commission of which the rights and freedoms of individual citizens, the whole society or state and interstate relations are substantially violated.
All crimes of this type are socially dangerous or committed in the same way. Moreover, such actions can occur both during criminal behavior and as a result of a criminal act.
List of articles with life imprisonment
In a criminal provision, as a rule, crimes of a special nature are indicated in the articles in the last part.
According to the Criminal Code, parts 2-5 in the articles (depending on the situation) can be attributed to such acts at the following positions: 105, 111, 126, 127, 131, 132, 134, 135, 161-163 and some others. This list under number 7 is enshrined in a special order of the Prosecutor General's Office of 2014.
In addition, there is also a list of articles on which the recognition of acts as particularly grave depends on when the criminal case was opened.
In particular, if the cases were instituted in 2014, then they are recognized as especially serious under the following articles: 205.3, part 1 of art. 208, part 1 of article 212 of the Criminal Code.
Circumstances
When sentencing judges who are granted the right to make such decisions by law, are guided not only by the corpus delicti, but also by the presence (or absence) of extenuating or aggravating circumstances. There are, for example, circumstances that are themselves in a different position. If such factors are clarified, they cannot be additionally taken into account when deciding on sentencing.
Thus, life imprisonment noted under especially grave articles is not appointed if evidence exists in the case that mitigates the guilt of the defendant.
Who cannot be sentenced for life?
Regardless of which article the crime of particular gravity was committed, the life sentence cannot be applied to citizens who are under the age of 18, and to women. Also, life imprisonment is not assigned to men who have reached a sufficiently advanced age. What is this age? He is 65 years old.
According to article 56 of the Criminal Code, coercive measures to restrict freedom, including for this category of persons, can be from two months to twenty years. In special cases: in the aggregate of crimes - up to 30 years, in the aggregate of sentences - not more than 35 years.
Other criteria
Depending on other factors, the presence of which in some cases does not depend on the offender, life imprisonment is also not assigned:
- for a crime falling into the category of especially grave if it is not finished;
- if the jury rendered a verdict of leniency;
- if a pre-trial cooperation agreement is concluded.
Statutes of limitations
For each criminal violation, in addition to their main classification, the statute of limitations applies. Particularly serious acts have a given period of 15 years. The statute of limitations is calculated from the moment the crime was committed, but in the period when, for example, the accused was hiding, this period is suspended.
In addition, if the court passed a sentence, but it was not executed, there are also limitation periods - 15 years for a sentence for special and dangerous crimes, and life imprisonment is not assigned (as well as any other types of punishments).
The restoration of time in this case may occur at the discretion of the court, in contrast to civil cases or in proceedings for crimes of lesser gravity.
This is due to the fact that, due to time, the act may no longer have the same social or personal danger as it was directly at the time of commission, or the law itself, which does not provide for such severe punishment for the act, has changed.
Additional factors
In addition to what was listed above, there are other reasons when life imprisonment is not appointed when committing a particularly dangerous act. These include extenuating circumstances specified in regulation 61 of the Criminal Code of the Russian Federation:
- actions that led to negative consequences were carried out out of a feeling of compassion;
- the act was committed under duress;
- the crime was committed when the necessary limits of defense were exceeded (there is a separate article for this);
- The necessary first aid was provided to the victim and voluntary compensation for harm.
In the presence of these circumstances, a conclusion before biological death, that is, life imprisonment, is not appointed in Russia.
Constitutional restrictions
The question arises: why did the legislator differentiate the population into categories on the use of life in a restricted place? After all, it should be unimportant whether this is a man or a woman, when the method of committing a crime or its consequences do not carry a gender burden. However, considering these groups of people (women, children and men 65 years old) socially vulnerable and in need of support, the legislator determined that the punishment in question is not applied to these segments of the population.
Some experts believe that inveterate criminals who serve their sentences as life prisoners, or those who have committed a particularly dangerous crime, should not be released at all, that is, to limit their right to be released early.
However, despite the apparent correctness of such an opinion, it is worth recognizing the constitutional provisions and provisions of the Convention on Human Rights. According to these standards, a person must have the right to choose and the right to reform. The restriction on the possibility of release with good behavior is considered a significant violation of the Constitution in Russia.
Where is the sentence serving?
A person sentenced to life imprisonment is held in a colony, which has a special regime. A state institution of this type assumes that criminals are serving their sentences for the first 10 years on strict conditions of detention, separately from the others, in a cell of two people each.
A citizen located in such places can work and study, but special conditions are created for him. That is, involvement in these types of activities in the general procedure is not provided, since such prisoners are kept separately and are not allowed to general production or training.
Sentenced to stay in a colony for life may be allowed to walk in a designated place in the absence of other prisoners. The period is limited to one and a half hours. If the guilty behavior does not violate the order and does not entail new crimes, then the walk can be increased to two hours.
If the perpetrator does not commit misconduct or new crimes, he can be transferred to normal or lightened conditions. Thus, the convict spends 25 years in prison, after which conditional parole is possible.
Correctional Facilities
In Russia, there are such well-known correctional institutions that contain prisoners sentenced to life in prison, having a special regime or a mixed regime (strict and special, general and special, etc.).
These institutions include:
- “Black Dolphin” (Sol-Iletsk, Orenburg Region);
- “White Swan” (Solikamsk, Perm Territory);
- “Black Golden Eagle” (Ivdelsky district, Sverdlovsk region);
- The Polar Owl (Labytnangi, Tyumen Region);
- “Vologda nickel” (Fiery island, Vologda region).
How many perpetrators are serving a life sentence?
Statistics show that life-long prisons are replenished annually. This means that in the country every year there are more and more people who are found guilty of crimes of a special category.
According to the Federal Penitentiary Service of Russia, as of January 1, 2015, 1,897 people were sentenced to life in penal colonies. This is 37 people more than in 2014.
Grant of parole
In Russia, life imprisonment is not appointed without the right to release, as, for example, in Bulgaria. Accordingly, a prisoner has the right, if twenty-five years have already passed from his life sentence, to submit documents to the court for release before the deadline.
In addition, in the Russian Federation there is a compulsory procedure for the deprivation of the right to exist, which, by way of pardon, can be changed to life imprisonment. Thus, being in a correctional institution until the biological death of a prisoner is an act of condescension to a person in accordance with constitutional rights.
There have been no cases of conditional release of those responsible who are serving sentences in colonies before biological death. However, there were two attempts to apply for such release, but the court left the sentence unchanged. Thus, not a single person sentenced to imprisonment before biological life has been released on parole, even if he was sixty-five years old in a colony.
In some countries, as already noted, parole is not practiced for those who are sentenced to spend the rest of their lives in prison.
There are other types of punishments for minors, as it is believed that it is considered life-long to convict a teenager for a particularly cruel and dangerous crime.
The mildest conditions for transferring to other conditions or to parole are practiced in Italy. For example, a prisoner in twenty years can count on the satisfaction of the application for conditional release. Or, by a court decision, eight years later, a citizen may be provided with preferential terms of serving in the form of leave for forty-five days or carrying out activities outside the correctional institution.
The Netherlands, on the contrary, does not allow conditional release for convicts, although there is a right to appeal for release. Since 1940, only two people who were terminally ill were freed from further stay in the colony.