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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 Netherlands is interested to receive more information on penalties for murder and manslaughter and learn about the differences. The information will be used for policy purposes.
Maximum penalty for murder (premeditated) is life imprisonment after the penal code § 237 Maximum penalty for manslaughter is 8 years after the penal code § 241.
What is the average prison sentence for 1) murder and 2) manslaughter in ordered by the courtThe average prison sentence for murder (premeditated) was 139,2 months in 2014. There was no one who was sentenced to life for murder in 2014. The average prison sentence for manslaughter was 16,4 months in 2014. The average unconditional prison sentence for manslaughter was 2,3 months in 2014.
What relevant trends or developments can be noted in court rulings (case law)This content is only available to registered members of EuroPris.
1) For the penal act of Murder (premeditated) the Albanian Criminal Code provisions on its article no. 78 a penalty of 15 to 25 years of imprisonment. In case of murder out of interest or revenge, the penalty is not less than 20 years of imprisonment or life sentence. When the criminal act is a blood crime (vengeance), article no. 78/a provisions a penalty not less than 30 years of imprisonment or life sentence. 2) For the penal act of Manslaughter (without malice aforethought, or otherwise in circumstances not amounting to murder) the Albanian Criminal Code provisions on its article no. 85 a penalty of a fine or imprisonment up to 5 years.
What is the average prison sentence for 1) murder and 2) manslaughter in ordered by the courtThe sentences vary based on the provisions of the Criminal Code.
What relevant trends or developments can be noted in court rulings (case law)In the Albanian justice system there are no new developments on the penalties for these two criminal acts. The ‘case law’ (the law as established by the outcome of former cases) doesn't affect the decisions of the court.
For premeditated murder maximum penalty is long-term imprisonment (21 to 40 years), while for concurrent multiple criminal acts of extremely aggravated murder maximum penalty is 50 years of imprisonment. For negligent homicide maximum penalty is 5 years of imprisonment.
What is the average prison sentence for 1) murder and 2) manslaughter in ordered by the courtPrison System does not keep such data, as they are the part of the court statistics.
What relevant trends or developments can be noted in court rulings (case law)This question is also beyond the scope of work of the Prison Administration and probably requires broader survey to answer.
England & Wales does not have a penal code. Criminal offences and maximum penalties are set out in criminal justice legislation. All murder convictions must result in a life sentence. The court then has to determine whether the case is so heinous that a whole life order is merited or, as in the vast majority of cases, what should be the length of the minimum term to be served in prison before the offender can be considered for parole. Manslaughter has a maximum penalty of a life sentence.
What is the average prison sentence for 1) murder and 2) manslaughter in ordered by the courtAll murder convictions result in a life sentence, which is an indeterminate sentence. In 2014, the average custodial sentence length for manslaughter, not including those cases resulting in a life sentence, was 92 months.
What relevant trends or developments can be noted in court rulings (case law)In respect of murder, there has been domestic case law in relation to whole life orders and their compatibility with Article 3 of the ECHR – see R v McLoughlin and Newell at https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Judgments/r-v-mcloughlin-and-r-v-newell-life-term-summary.pdf . This issue has also been before the European Court of Human Rights in the cases of Vinter, Bamber and Moore, and more recently Hutchinson. In respect of unlawful act manslaughter, in R v Appleby (http://www.bailii.org/ew/cases/EWCA/Crim/2009/2693.html) the Court of Appeal made clear that that crimes which result in death should be treated more seriously so as to ensure that there is an increased focus on the fact that a victim has died in consequence of an unlawful act of violence. The average custodial sentence length for manslaughter has increased from 64.9 months in 2009 (when judgment in R v Appleby was handed down) to 92 months in 2014.
The art. 138 of the Penal Code establish 10 to 15 years of prison for Homicide Art. 142 establish a penalty of 1 to 4 years of prison (in cases of homicide with serious imprudence "manslaughter") and a penalty of 3 to 18 months of fine (in cases of less severe imprudence ) Arts. 139 and 140 establish 15 to 25 years of prison for murder. The sanction could be increased until a reviewable permanent prison sentence (art. 140.1).
What is the average prison sentence for 1) murder and 2) manslaughter in ordered by the courtMurder 6044,090643 Murder (gender violence) 5921,407407 Homicide 3279,208502 Homicide (gender violence) 2453,508197 Manslaughter 1315 Average general 4258,375661
What relevant trends or developments can be noted in court rulings (case law)Premeditated murder and voluntary manslaughter: 21 years (General Civil Penal Code, section 275) The courts also have the opportunity to sentence a person to Preventive Detention. In short: A basic precondition for preventive detention is that a general time-limited prison sentence is insufficient for protecting the community. Such a sentence also presupposes that the offence committed or attempted to commit is a serious violent or sexual offence, an offence concerning deprivation of liberty, arson or any other offence directed against a person’s life, health or freedom. There also needs to be a clear risk of re-offending in a similarly serious way. Even though the sentence is indefinite in length, a time-frame will have to be established. This time-frame cannot stretch over more than 21 years and should as a rule not be more than 15 years. Involuntary manslaughter: 6 years (General Civil Penal Code, section 281)
What is the average prison sentence for 1) murder and 2) manslaughter in ordered by the court2: What is the average prison sentence for 1) murder and 2) manslaughter in ordered by the court Premeditated murder / voluntary manslaughter: 14 years and 50 days (2011) Involuntary manslaughter: 268 days (2011) Source: Statistics Norway (The Central Bureau of Statistics) (2011), available at http://www.ssb.no/a/kortnavn/a_krim_tab/tab/tab-2013-01-24-44.html)
What relevant trends or developments can be noted in court rulings (case law)A new General Civil Penal Code was introduced in Norway in 2015. In the Proprsition to the Storting (bill) it is noted that the penalty for Voluntary Manslaughter has increased the last twenty years (Ot.prop. nr. 22 (2008.2009))
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1. life sentence 2 up to 3 years
What is the average prison sentence for 1) murder and 2) manslaughter in ordered by the court1. 4-15 years 2. conditioned
What relevant trends or developments can be noted in court rulings (case law)by case, but the general milder penalty
According with Chapter 12 of The Criminal Law “Homicide”: Section 116. Murder For a person who commits intentional unlawful homicide (murder) of another person, the applicable punishment is life imprisonment or deprivation of liberty for a term of five years and up to twenty years, with police supervision for a term up to three years. Section 117. Murder Committed in Aggravating Circumstances For a person who commits murder, if: 1) a woman is murdered, the offender knowing her to be pregnant; 2) a person is murdered, the offender knowing that the person is in a state of helplessness; 3) it is committed in a way dangerous to the life of several persons; 4) it is committed with particular cruelty; 5) the corpse is defiled thereafter; 6) it is associated with robbery; 7) it is associated with rape; 8) it is committed with intent to conceal another criminal offence or to facilitate its commission; 9) it is committed for the purpose of acquiring property; 10) it is committed by a group of persons; 11) it is committed by a person who has been confined to a place to be held in temporary detention or in prison; 12) a minor is murdered, the applicable punishment is life imprisonment, or deprivation of liberty for a term of ten years and up to twenty years and police supervision for a term up to three years, with or without confiscation of property. Section 118. Murder Committed in Especially Aggravating Circumstances For a person who commits murder: 1) associated with the victim or his or her relative having performed his or her official or professional duty or having participated in the prevention or interruption of a criminal or other unlawful offence, or having provided testimony in court or at a pre-trial criminal proceedings; 2) if two or more persons have been murdered; 3) if it is committed by a person serving a term of life imprisonment; 4) if it has been committed by an organised group, the applicable punishment is life imprisonment, or deprivation of liberty for a term of fifteen years and up to twenty years and police supervision for a term up to three years, with or without confiscation of property. Section 119. Murder of a Newborn Child For a person who, being a mother, commits the murder of her own child during child-birth or directly after child-birth while under the influence of the mental or physiological condition resulting therefrom, the applicable punishment is deprivation of liberty for a term up to five years or temporary deprivation of liberty, or community service. Section 120. Murder Committed in a State of Extreme Mental Agitation For a person who commits murder in a sudden state of extreme mental agitation resulting from violence or serious insult to dignity on the part of the victim, the applicable punishment is deprivation of liberty for a term up to five years or temporary deprivation of liberty, or community service. Section 121. Murder Committed Exceeding the Limits of Necessary Self-defence For a person who commits murder in the course of exceeding the limits of necessary self-defence, the applicable punishment is deprivation of liberty for a term up to two years or temporary deprivation of liberty, or community service. Section 122. Murder Committed Violating Provisions Regarding Detention of a Person (1) For a person who commits murder in the course of violating provisions regarding detention of a person, the applicable punishment is deprivation of liberty for a term up to two years or temporary deprivation of liberty, or community service. (2) For a person who commits the same act, if he or she is a public official, the applicable punishment is deprivation of liberty for a term up to three years or temporary deprivation of liberty, or community service. Section 123. Homicide through Negligence (1) For a person who commits unlawful homicide through negligence, the applicable punishment is deprivation of liberty for a term up to three years or temporary deprivation of liberty, or community service. (2) For a person who commits unlawful homicide through negligence, if two or more persons have been killed, or the homicide has been committed in the course of acting with firearms or explosive substances, or in another generally dangerous way, the applicable punishment is deprivation of liberty for a term up to five years or temporary deprivation of liberty, or community service. Section 124. Leading to Suicide (1) For a person who commits leading a person to commit suicide or attempt suicide by cruel treatment of the victim or systematic demeaning of his or her personal dignity, if such person has not been in financial or other dependence upon the offender, the applicable punishment is deprivation of liberty for a term up to three years or temporary deprivation of liberty, or community service. (2) For a person who commits the same acts with regard to a person who has been in financial or other dependence upon the offender, the applicable punishment is deprivation of liberty for a term up to five years or temporary deprivation of liberty, or community service, with or without probationary supervision for a term up to three years. Also according with Section 23 “Court Adjudication” of the Criminal Procedure Law “In criminal cases, court shall be adjudicated by a court, examining and deciding, in hearings, the validity of a prosecution brought against a person, acquitting innocent persons, or recognising persons as guilty in the committing of a criminal offence and determining the compulsory execution, by State institutions and persons, of a regulation of criminal legal relations that, if necessary, shall be implemented by forced execution.” According to this, only court can classify the committed crime as a murder (premeditated) or manslaughter and respectively convict the person after one or more of the sections of the Criminal Law previously mentioned.
What is the average prison sentence for 1) murder and 2) manslaughter in ordered by the courtThe Latvian Prison administration’s central board does not compile data about the average prison sentence that is ruled by the court for murder or manslaughter.
What relevant trends or developments can be noted in court rulings (case law)According with Section 2 Part 1 of the Prisons Administration Law “The Prisons Administration (hereinafter – Administration) is a State administrative institution subordinated to the Ministry of Justice, which implements State policy in the field of detention as a security measure and the deprivation of liberty as the execution of a criminal punishment.” According with Section 2 Part 5 of the previously mentioned law “The Administration shall compile information regarding pre-trial detainees or sentenced persons who are located or have been located in prisons.” Due to this studying the court rulings (case law) is not a part of the competencies of the Registry department of the Latvian Prison Administration central board. It is possible that the information you seek is within the competencies of the Court Administration and is published in their homepage https://www.ta.gov.lv, or you could contact them by writing to an e-mail address [email protected]
Maximum penalty for premeditated murder: life sentence. Maximum penalty for manslaughter: 5 years in general; 15 years in case of multiple manslaughter as a consequence of driving offence under the effect of substances or alcohol.
What is the average prison sentence for 1) murder and 2) manslaughter in ordered by the courtYear 2013 Total number of murders: 831 Sentences ordered for murder 3 to 6 months 3 1 to 2 years 7 2 to 5 years 186 5 to 10 years 206 Over 10 years (life sentence included) 429 Total number of manslaughter: 2057 Sentences ordered for manslaughter Up to 1 month 3 1 to 3 months 30 3 to 6 months 352 6 to 12 months 1042 1 to 2 years 559 2 to 5 years 4 Over 10 years (life sentence included) YEAR 2014 Total number of murders 818 SENTENCES ORDERED FOR MURDER 6 to 12 months 3 1 to 2 years 4 2 to 5 years 162 5 to 10 years 192 Over 10 years (life sentence included) 457 Total number of manslaughters: 1859 SENTENCES ORDERED FOR MANSLAUGHTER 1 to 3 months 18 3 to 6 months 291 6 to 12 months 877 1 to 2 years 584 2 to 5 years 79 5 to 10 years 5
What relevant trends or developments can be noted in court rulings (case law)The trend of court rulings in cases of murders and manslaughters in the last 4 years (2011-2014) is quite steady. Indeed, the majority of sentences for murders are beyond 10 years, followed by sentences of 5 to 10 years. The majority of sentences for manslaughters are from 6 to 12 months, followed by sentences from 1 to 2 years.