Life imprisonment - Commentary on the Criminal Code of the US Federation

Life imprisonment

1. Life imprisonment is established for committing particularly serious crimes that encroach on life, as well as for committing particularly serious crimes against public health and public morality, public safety, sexual inviolability of minors under the age of fourteen years (in red. Federal Laws of July 21, 2004, June 74-FZ, dated February 29, 2012, dated 14-FZ, dated 01.03.2012 for the 18th Federal Law).

2. Life imprisonment is not imposed for women, as well as for persons who committed crimes before the age of eighteen, and for men who reached the age of sixty-five at the time the court passed judgment.

1. According to part 1 of the commented article, life imprisonment is established for committing particularly serious crimes that encroach on life, as well as for committing especially serious crimes against public health and public morals, public safety, sexual inviolability of minors under 14 years of age. Currently, the range of crimes for which life imprisonment can be imposed has significantly expanded. Earlier, life imprisonment was an alternative to the death penalty, was appointed for particularly grave crimes against the person, for the same deeds for which the death penalty was foreseen (Part 2, Article 105 of the Criminal Code - murder under aggravating circumstances, Article 277 of the Criminal Code - encroachment on life state or public figure, Article 295 of the Criminal Code - encroachment on the life of a person carrying out justice or preliminary investigation, article 317 of the Criminal Code - encroachment on the life of a law enforcement officer, article 357 of the Criminal Code - genocide).

After the adoption of federal laws No. 321-FZ of December 30, 2008, "On Amending Certain Legislative Acts of the United States on Countering Terrorism," dated 03.11.2009 No. 245-FZ "On Amending the Criminal Code of the United States and in Article 100 of the Code of Criminal Procedure of the United States ", as of 29.02.2012 No. 14-FZ, from 01.03.2012, No. 18-FZ, in addition to the specified norms, this type of punishment is provided for by Part 3 of Art. 205 CC - an act of terrorism, part 4 of Art. 206 CC - hostage taking, part 4 of Art. 210 CC - the organization of a criminal association (criminal organization) or participation in it (it), Part 3 of Art. 281 CC - sabotage, part 5 of Art. 131 of the Criminal Code - rape, part 5 of Art. 132 CC - violent acts of a sexual nature, part 6 of Art. 134 CC - sexual intercourse with a person who has reached the age of 12 but has not reached the age of 14, committed by a person who has a previous conviction for the sexual inviolability of a minor, part 5 of Art. 2281 CC - illegal traffic in narcotic drugs, part 4 of Art. 2291 CC - smuggling of narcotic drugs.

2. The law defines the circle of persons who can not be sentenced to life imprisonment: women, persons who commit crimes under the age of 18, men who have reached the age of 65 by the time the court passes judgment. The prohibition to impose life imprisonment on these categories of persons is based on the need to take into account the social, age and physiological characteristics of various categories of persons in the criminal law, which follows from the principles of justice and humanism, in order to ensure a more complete and effective solution of the tasks facing criminal punishment in a democratic rule-of-law state.

3. According to Part 6 of Art. 74, art. 126 PECs sentenced to life imprisonment, as well as convicts, who have been replaced by life imprisonment in the form of a pardon, are sentenced separately from other convicts in correctional colonies of special regime. The procedure and conditions for serving life imprisonment are defined in art. 127 PECs.

A person sentenced to life imprisonment, under certain conditions, may be conditionally released early. So, according to part 5 of Art. 79 of the Criminal Code, a person serving a life sentence may be released on parole if the court recognizes that he does not need to continue serving this punishment and in fact has served at least 25 years of imprisonment. At the same time, this type of release can be used only if the convicted person has no malicious violations of the established order of serving punishment during the previous three years.

In case of committing a new serious or especially serious crime during life imprisonment, parole can not be applied. These rules also apply to persons who have been sentenced to death in accordance with the sentence of the court and have been replaced by deprivation of liberty as a pardon.

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