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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The questionnaire is drawn up and provided for completion with a view to ensuring the possibilities for mitigation of a life sentence imposed upon inmates in Lithuania which would be real and effectively applicable in practice and compatible with the national legislation and the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
(e) Other. Reviewable Temporary release under the supervision of the Probation Service, must have Ministerial Approval and generally following recommendation(s) of the Parole Board.
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?(c)The risk of criminal behaviour during sentence service period must be mitigated.
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?Not Applicable
For how long is a life sentenced inmate observed (supervised) in case of release on parole?(e) All of his/her life
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?Not Applicable
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:Not Applicable
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?Not Applicable, as the life sentence continues for the remainder of his/her life.
a) only review and mitigation of the sentence replacing it with another sentence (replacement with a fixed-term custodial penalty);
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?a) a respective part of the sentence must be served. After 20 years of deprivation of liberty. c) the risk of criminal behaviour during the sentence service period must be mitigated; f) impeccable behaviour during the sentence service period;
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?30 years.
For how long is a life sentenced inmate observed (supervised) in case of release on parole?f) The period of the remainder of the imposed fixed-term sentence.
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?b)a half of the imposed more lenient sentence;
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:c) 2 years;
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?(a) yes;
b) only release on parole;
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?a) a respective part of the sentence must be served. The minimum term (punishment part) to be served is directed by the Court. c) the risk of criminal behaviour during the sentence service period must be mitigated; f) impeccable behaviour during the sentence service period;
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?No minimum or maximum
For how long is a life sentenced inmate observed (supervised) in case of release on parole?e) all of his/her life;
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?b) a half of the imposed more lenient sentence;
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:d) other – up to 2 years
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?a) yes;
b) Only release on parole.
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?a) An inmate must have served 15 years to be released on parole. c) The risk of criminal behaviour during the sentence service period must be mitigated. f) Impeccable behaviour during the sentence service period.
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?Not applicable.
For how long is a life sentenced inmate observed (supervised) in case of release on parole?f) 5 years
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?Not applicable.
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:c) 2 years
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?Not applicable.
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b) only release on parole
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?a)a respective part of the sentence must be served. A minimum of 25 years; g)other (please specify): The inmate serving the prison sentence has shown the improvement by fulfilling his/her duties and it can be expected that he/she will live rightful law-abiding life in the future.
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?The Slovak Republic does not regulate such a form of the mitigation of the life prison sentence. Only the parole from the life prison sentence is stipulated.
For how long is a life sentenced inmate observed (supervised) in case of release on parole?f)other (please specify): If the court accepts the proposal on parole, it will determine the probation period from one to seven years in the court decision.
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?e) other (please specify): The Slovak Republic does not regulate such a form of the mitigation of the life prison sentence.
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:b) 1 year
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?d) other (please specify): The Slovak Republic does not regulate such a form of the mitigation of the life prison sentence. Only the parole from the life prison sentence is stipulated.
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In accordance with article 57 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), 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 morals, public safety, sexual inviolability of minors, who have not reached the age of fourteen. 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 by the time the court passed judgment. According to the part 5 of Article 79 of the CC of the Russian Federation, a person serving a life sentence may be released on conditional release if the court finds that he does not need to continue serving this punishment and in fact served at least twenty-five years in prison. A person who after the commission of a crime has a mental disorder that deprives him of the opportunity to realize the actual nature and social danger of his actions (inaction) or to manage them, is released from punishment, and the person serving a sentence is released from further serving. For such persons, the court may prescribe compulsory measures of a medical nature. A person who has fallen ill after committing a crime with another serious illness that prevents the serving of punishment may be released from serving his sentence (art. 81 of the CC of the Russian Federation). According to Article 84 of the CC of the Russian Federation, an amnesty is declared by the State Duma of the Federal Assembly of the Russian Federation in respect of an individually not defined circle of persons. The amnesty act allows persons who commit crimes to be released from criminal liability. Persons convicted of committing crimes may be released from punishment, or their punishment can be reduced or replaced by a milder form of punishment, or such persons may be exempted from an additional form of punishment Article 85 of the CC of the Russian Federation provides that, with respect to an individually defined person, the President of the Russian Federation may be granted oblivion. By the act of oblivion, a person convicted of a crime may be released from further serving a sentence or the punishment prescribed to him may be reduced or replaced by a milder form of punishment.
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?According to Part 4.1 of Article 79 of the CC of the Russian Federation, when considering a petition of a convicted person on conditional early release from serving a sentence, the court takes into account the behavior of the convicted person, his attitude to study and work throughout the period of serving the sentence, including the incentives and penalties available, the attitude of the convicted person to the perfect an act and the fact that the convicted person partially or completely reimbursed the damage or otherwise redressed the harm caused as a result of the crime, as well as the conclusion of the administration of the deported about the desirability of his conditional early release. With regard to the convict who suffers from a sexual preference disorder (pedophilia) that does not exclude sanity and committed a crime over the age of eighteen years against the sexual inviolability of a minor who has not reached the age of fourteen, the court also takes into account the application to the convict of compulsory medical measures, his attitude to treatment and results of forensic psychiatric examination. In accordance with the requirements of Part 5 of Article 79 of the CC of the Russian Federation, a person serving a life sentence may be released on oblivion if the court recognizes that he does not need to continue serving this punishment and in fact served at least twenty-five years in prison. The conditional early release from further serving of life imprisonment applies only if the convicted person has no malicious violations of the established order of serving punishment during the previous three years. A person who committed a new serious or especially serious crime while serving a life sentence is not eligible for early release.
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?In accordance with article 10 of the CC of the Russian Federation, as well as the provisions of part 3 of article 396 and paragraph 13 of article 397 of the Code of Criminal Procedure of the Russian Federation, the decision on the issue of exemption from punishment or mitigating punishment as a result of the issuance of a new criminal law having retroactive effect is attributed to the powers court at the location of the institution executing punishment in which the convict is serving a sentence in accordance with Article 81 of the Criminal Executive Code of the Russian Federation (hereinafter - the CEC of the Russian Federation), or at the place of application of compulsory medical measures. It should be noted that the order to mitigate the sentence imposed by the court sentence within the limits provided for by the new criminal law presupposes the need to apply the entire set of norms of the Criminal Code of the Russian Federation - both the General and Special Parts of it (Definition of the Constitutional Court of the Russian Federation of April 23, 2013 No. 564-O). According to part 2 of Article 56 of the Criminal Code of the Russian Federation, imprisonment established for a term of two months to twenty years. In case of at least one of the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, Parts 3 and 4 of Article 206, Part 4 of Article 211, Articles 277, 278, 279, 353, 356, 357, 358, 360 and 361 of the Criminal Code of the Russian Federation, with a partial or complete addition of terms of imprisonment for the imposition of penalties on the aggregate of crimes, the maximum term of imprisonment can not be more than thirty years, and for a total of sentences - more than thirty-five years.
For how long is a life sentenced inmate observed (supervised) in case of release on parole?In accordance with part 2 of Article 79 of the Criminal Code of the Russian Federation, by applying oblivion, the court may impose on the convicted person the obligations provided for by part 5 of Article 73 of the Criminal Code of the Russian Federation, which must be executed during the remaining unserved part of punishment (not to change the permanent place of residence , work, study without notification of a specialized state body exercising control over the behavior of a conditionally convicted person, not to visit certain places, undergo a course of treatment for alcoholism, a drug addict or substance abuse, to work (to find a job) or to continue education in a general education organization and other duties that contribute to its correction).
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?According to part 3 of Article 79 of the Criminal Code of the Russian Federation, conditional early release on parole can be applied only after the actual departure of the convict: a) at least one third of the term of punishment imposed for a crime of small or medium gravity; b) not less than half of the sentence term for a serious crime; c) at least two-thirds of the term of punishment for a particularly serious crime, as well as two-thirds of the term of punishment imposed on a person who was previously paroled early if parole was canceled on the grounds provided for Part 7 of Article 79 of the Criminal Code of the Russian Federation; d) not less than three quarters of the sentence for crimes against the sexual inviolability of minors, as well as for grave and especially serious crimes related to the illegal traffic in narcotic drugs, psychotropic substances and their precursors, as well as for the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 210 and 361 of the Criminal Code of the Russian Federation; e) not less than four fifths of the term of punishment appointed for crimes against the sexual inviolability of minors under the age of fourteen.
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:In accordance with the requirement of part 10 of Article 175 of the Penitentiary Code of the Russian Federation in the event of a court's refusal to conditional early release of a person sentenced to life imprisonment, with a petition may take place no earlier than three years after the date of the court's decision to refuse. In case of repeated application of the convicted person with a petition on release from punishment or on mitigation of punishment as a consequence of the issuance of a criminal law having retroactive effect, in accordance with Article 10 of the Criminal Code of the Russian Federation, when, on the petition previously filed on the same grounds, the court already issued a decision on the refusal in its satisfaction, such a petition is not subject to review and its acceptance must be refused. If this circumstance is established in the course of consideration by the court of the petition of the convicted person, the proceedings on such an application is subject to termination (paragraph 18 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 20.12.2011 No. 21 "On the practice of the courts applying legislation on the enforcement of the sentence").
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?According to part 5 of article 79 of Criminal Code of the Russian Federation the person who committed during serving of life imprisonment the new serious or especially serious crime is not subject to parole.
b. only release on parole; According to the criminal legislation of the Republic of Croatia there is no possibility of life imprisonment sentence, the most severe punishment is a long-term imprisonment sentence ranging from 21 to 40 years, exceptionally for 50 years if it is convicted in two or more criminal proceedings imposed on long-term imprisonment (21 to 40 years), then the court may impose a single sentence of long-term imprisonment for a period of 50 years. Given this response, it is conceived in terms of long-term imprisonment
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?a. a respective part of the sentence must be served- min. two thirds of the life sentenced. c. the risk of criminal behaviour during the sentence service period must be mitigated; f. impeccable behaviour during the sentence service period;
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?21-40 or 50 years;
For how long is a life sentenced inmate observed (supervised) in case of release on parole?d. 10-20 years
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?c. two thirds of the imposed more lenient sentence;
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:c. 2 years;
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?a. yes;
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b)release on parole c) pardon
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?a) a respective part of the sentence must be served. If yes, please, specify the length of the sentence an inmate must have served (in years) to be released :12 years c) the risk of criminal behaviour during the sentence service period must be mitigated g)other: The inmate is considered not to be dangerous and has successfully completed rehabilitation for re-entering society.
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?not applicable
For how long is a life sentenced inmate observed (supervised) in case of release on parole?b) 2-5 years
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?not applicable
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:not applicable
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?yes
a) According with Section 60 of the Criminal Law "Reduction of Punishment in Exceptional Cases": If a convicted person has helped uncover a crime committed by another person which is as serious, more serious or more dangerous than the criminal offence committed by the person, the court by whose judgment such person has been convicted, may reduce the punishment specified in the judgment, but where life imprisonment has been adjudged, may substitute it with twenty years of deprivation of liberty. b) According with Section 61 Part 1 of the Criminal Law "Conditional Release Prior to Completion of Punishment": A person who has been convicted with deprivation of liberty, except temporary deprivation of liberty, may be conditionally released prior to completion of his or her basic punishment, if there is a reason to believe that he or she is able to adapt in the society after release without committing a criminal offence. According with Part 3 of the previously mentioned section: Conditional release prior to completion of punishment may be proposed if the convicted person has actually served twenty-five years of a punishment of deprivation of liberty, if the convicted person is a person for whom life imprisonment has been imposed. However according with Part 2 of the Section 61, taking into account the personality and behaviour of the convicted person, conditional release prior to completion of punishment may be ordered, if: 1) the convicted person has reached a certain result of resocialisation; 2) the convicted person to the extent possible has voluntarily made compensation for the losses caused by his or her crime; 3) the convicted person has the possibilities to acquire means of subsistence in legal way after his or her release; 4) the period specified in a law governing the execution of criminal punishments after imposition of a punishment for the violation of the punishment serving regime has lapsed and there are no effective punishments for administrative violations committed during execution of the punishment of deprivation of liberty; 5) the convicted person is solving and is ready to continue to solve his or her psychological problems which have caused or may cause commitment of criminal offence; 6) the convicted person has agreed to treatment for alcoholism or addiction to narcotic, psychotropic or toxic substances, if he or she has committed the criminal offence due to alcoholism or addiction to narcotic, psychotropic or toxic substances. According with Section 61 Part 3.1., conditional release prior to completion of punishment with determination of electronic monitoring may be proposed, if the convicted person has actually served not less than twenty-four years of a punishment of deprivation of liberty, if the convicted person is a person for whom life imprisonment has been imposed. However, According with Section 61 Part 2.1., upon conditional release prior to completion of punishment a convicted person may be applied electronic monitoring in conformity with the following conditions: 1) the convicted person agrees to electronic monitoring; 2) implementation of electronic monitoring is possible at the place of residence of the convicted person; 3) application of electronic monitoring will promote inclusion of the convicted person in the society. According with Section 50.4 Part 5 of the Sentence Execution Code of Latvia, persons sentenced with deprivation of liberty for life (life imprisonment) shall commence serving their sentence at the lowest level. After imprisonment they must serve not less than seven years in this level. If a convicted person has served at least seven years of the adjudged sentence in a pre-trial arrest and a sentence execution place and qualifies under the conditions referred to in Section 50.3, Paragraph three, Clause 3 of this Code, he or she may be transferred from the lowest to the medium level of the sentence serving regime according to a decision of the administrative committee of the deprivation of liberty institution. He or she shall serve not less than 10 years of the adjudged sentence at the medium level of the sentence serving regime and the remaining part - at the highest level of the sentence serving regime. A convicted person may be conditionally released prior to completion of his or her sentence term at the highest level of the sentence regime serving in accordance with the procedures laid down in the law, if he or she qualifies under the conditions referred to in Section 50.3, Paragraph three, Clauses 1, 2 and 3 of this Code. In addition, according with Section 50.5 Part 6 of the Sentence Execution Code of Latvia, Women sentenced with deprivation of liberty for life (life imprisonment) shall commence serving their sentence at the lowest level of the sentence serving regime. After imprisonment they must serve at this level for not less than seven years. If a convicted woman has served at least seven years of the adjudged sentence in pre-trial arrest and a sentence execution place and qualifies under the conditions referred to in Section 50.3 Part 4 of this Code, she may be transferred from the lowest to the highest level of the sentence serving regime according to a decision of the administrative committee of the deprivation of liberty institution. A convicted woman at the highest level of the sentence serving regime may be conditionally released from serving her sentence prior to completion of her term in accordance with the procedures laid down in the law, if she qualifies under the conditions referred to in Section 50.3, Paragraph three, Clauses 1, 2 and 3 of this Code. c) According with Section 60 of the Criminal Law, life imprisonment may be substitutes with twenty years of deprivation of liberty and according with Section 61 of the Criminal Law, be conditionally released prior to completion of his or her basic punishment. d) According with Section 5 Part 3 of the Law on Clemency, persons sentenced with deprivation of liberty for life (life imprisonment) may apply for pardon to the President of Latvia, if they have served 20 years of their sentence. Amnesty is a singular act of good volition from the highest State Authority – revoking a sentence or mitigating the punishment for a certain category of crimes, or granting amnesty for certain groups of people. In Latvia, amnesty is granted by the Saeima according with a specific Law on Amnesty, in accordance with Section 45 of the Constitution of the Republic of Latvia.
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?a) 25 years; b) Yes, it is one of the criteria the court takes into consideration when deciding no conditional release; c) Yes; d) No; e) No, it is not one of the criteria when deciding on conditional release, but it is taken into consideration when organizing sentence execution and involving the inmate in programmes and other resocialisation activities; f) By impeccable behaviour during the sentence service period we understand that during sentence execution the inmate has participated in activities in accordance with the risk and needs assessment, developed resocialisation plan – to lower the risk of repeated offence. According with Section 50.4 of the Sentence Execution Code of Latvia, persons sentenced with deprivation of liberty for life (life imprisonment) shall commence serving their sentence at the lowest level. After imprisonment they must serve not less than seven years in this level. If a convicted person has served at least seven years of the adjudged sentence in a pre-trial arrest and a sentence execution place and qualifies under the conditions referred to in Section 50.3, Paragraph three, Clause 3 of this Code, he or she may be transferred from the lowest to the medium level of the sentence serving regime according to a decision of the administrative committee of the deprivation of liberty institution. He or she shall serve not less than 10 years of the adjudged sentence at the medium level of the sentence serving regime and the remaining part - at the highest level of the sentence serving regime. A convicted person may be conditionally released prior to completion of his or her sentence term at the highest level of the sentence regime serving in accordance with the procedures laid down in the law, if he or she qualifies under the conditions referred to in Section 50.3, Paragraph three, Clauses 1, 2 and 3 of this Code. According with Section 111 of the Sentence Execution Code of Latvia, the basis for the release of convicted persons from the serving of sentence shall be: a. the serving of the sentence determined in the court judgment; b. the granting of amnesty; c. clemency; d. an adjudication regarding conditional release from the serving of sentence before the end of the term; e. an adjudication regarding release from the serving of sentence in connection with the convicted person having mental dysfunction or some other serious disease as is cause for not further serving the sentence; f. receipt of information from the Ministry of Justice that the foreign judgment that was enforced in Latvia has been cancelled. According with Section 61 Part 6 of the Criminal Law, conditional release prior to completion of punishment shall not be applied, if it has been imposed on a person of legal age for an especially serious crime committed against a person who has not attained the age of sixteen years, and is related to sexual violence.. According with Section 5 Part 3 of the Law on Clemency, if a person has been sentenced for committing especially serious crime, they can submit an application for pardon no sooner than after two thirds of the sentence have been served, but if the person is sentenced with deprivation of liberty for life (life imprisonment) – no sooner than after 20 years of sentence have been served.
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?Please see question 1.
For how long is a life sentenced inmate observed (supervised) in case of release on parole?This question is the State Probation Service competence.
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?d) According with Section 61 Part 6 of the Criminal Law, conditional release prior to completion of punishment shall not be applied, if it has been imposed on a person of legal age for an especially serious crime committed against a person who has not attained the age of sixteen years, and is related to sexual violence. e) According with Section 7 and 61 of the Criminal Law – in accordance with the severity of the committed crime.
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:According with Section 11 of the Law on Clemency, a person who has been sentenced for committing a serious crime or especially serious crime, or anyone else on behalf of this person can submit an application for pardon no sooner than a year after the previous application was rejected, except if special circumstances has arisen (serious illness, the person is the only lawful guardian or other circumstances). According with Section 79.4. Part 2 of the Sentence Execution Code of Latvia, if court refuses to approve conditional release to a person for whom life imprisonment has been imposed, a second application can be submitted no sooner than one year after the previous decision was made.
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?Yes.
only release on parole
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?a) a respective part of the sentence must be served. If yes, please, specify the length of the sentence an inmate must have served (in years) to be released
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?There is no mechanism in English law for a life sentence to be reviewed, mitigated and then replaced with a determinate sentence. An offender serving a life sentence may, if he or she has grounds, appeal against his or her conviction or sentence. If such an appeal is successful, the nature of the conviction may be changed, for example from a conviction of murder to manslaughter, or the sentence may be reduced. However, if they appeal against their sentence, offences that require a life sentence cannot be reduced to a determinate sentence. The court could only reduce the minimum sentence to be served. The Attorney General also has the power to review certain sentences which are thought to be unduly lenient and increase them.
For how long is a life sentenced inmate observed (supervised) in case of release on parole?e) all of his/her life
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?not applicable
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:not applicable
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?not applicable
In the penal system of Italy, persons who serve a life sentence might receive an order of release or a modification to the execution of their punishment in the following cases: a. Request of review of the final penal order of conviction or of the final conviction judgment, in terms of article 630 of the Code of penal procedure (e.g.: where another judgment ascertains facts incompatible with the facts which the conviction is based upon; or where new evidences arise demonstrating that the sentenced person must be acquitted). b. In the cases where the accused person applied for the procedure named summary judgment (rito abbreviato), life sentence is substituted by a thirty years imprisonment sentence. The life sentence associated with day segregation in most serious cases is substituted by life sentence. c. In the past, some provisions of Amnesty and Collective pardon included also lifers, changing their sentence to life into long temporary sentences. d. Persons sentenced to life imprisonment can be granted conditional release after having served 26 years of imprisonment, and this term could be even lower if those persons benefit from early release, provided for by art. 54 of the Italian Penitentiary Act, as an acknowledgment of the offender’s participation in his rehabilitation treatment. e. Life sentence can be cancelled by an individual Pardon provision.
What conditions must be fulfilled so that the sentence imposed on a life sentenced inmate could be reviewed and a sentence could be mitigated (by replacing it with a fixed-term sentence) or he/she could be released on parole?In case of granting conditional release: a. The person sentenced to life imprisonment must have served at least 26 years of his sentence. b. Conditional release is granted only where the offender has fulfilled his civic obligations derived from his crime (e.g. compensation of damage, etc.), unless he is not able to fulfil them. c. During the period when he serves his sentence, the inmate must have a behavior demonstrating his “active repentance”. This means that the subject must admit and acknowledge the seriousness of his actions. His “repentance” is showed by his relations with the staff, with other inmates, with his family members; by his commitment in study and/or work activities; and by his interest in the victims of his crime. d. Forgiveness by victims is not included in the law providing for conditional release, since the granting of that measure cannot be subject to a private citizen’s will; nevertheless, if the offender’s does not ask for victim’s forgiveness and if he shows indifference towards victims, this can negatively affect the assessment of the prisoner and, along with other elements relevant to his behavior, can bring the judge to decide that the inmate did not mend his ways. On the other hand, the proof of forgiveness by one of the victim, or by victim’s family members, is not a decisive element for granting conditional release. e. The “sure repentance” implies that the person sentenced for a crime must show his full adhesion to the logics of legality which the State imposed by the execution of the sentence, even if the sentenced person claims – as it happened in some cases – his innocence. f. The sentenced person who has been granted conditional release by the Supervisory Court undergoes obligations and prohibitions provided for by the regime of supervised liberty. Where a conditionally released offender breaks those obligations and prohibitions or perpetrates a crime or misdemeanor of the same kind of the crime which he was sentenced for, his conditional release is revoked.
What minimum and maximum sentence may be imposed on a life sentenced inmate in cases where, having reviewed the imposed sentence, a decision to mitigate it replacing it with a fixed-term sentence is taken?The sentence to imprisonment executed instead of life sentence cannot exceed thirty (30) years
For how long is a life sentenced inmate observed (supervised) in case of release on parole?Five years after the granting of conditional release, the sentence is considered as served
What other part of the sentence an inmate whose life sentence was replaced by a fixed-term sentence must serve so that he/she could be released on parole?The remaining part of the sentence to serve cannot exceed five years and is calculated after reduction of sentence due to early release
If at the moment of review a decision to leave the imposed life sentence unchanged is taken, after what period the afore-mentioned issue may be reconsidered:If the conditional release is not granted because of lack of repentance, the relevant application cannot be made again before six months from the date of final rejection of previous request
If while serving a life sentence an inmate is re-imposed a life sentence or a fixed-term sentence, is an inmate subject to the same sentence mitigation procedures?If new orders of imprisonment are issued for crimes perpetrated before conditional release was granted, that benefit does not cease, but it is temporarily ineffective. Said ineffectiveness lasts as long as the duration of the imprisonment provided for by the above-mentioned orders