What does it mean "life imprisonment"?
When is a perpetrator sentenced to life imprisonment? And does the perpetrator then really "life", ie the rest of his life, in custody?
Who is sentenced to life imprisonment?
First of all, the question arises as to which facts the law demands for a life imprisonment. In this case, a distinction must be made between offenses in which the court can convict the perpetrator to a lifelong imprisonment (for example, in a robbery with fatality according to § 251 StGB) and offenses where the legislator forcibly imposes a life imprisonment, such as murder § 211 StGB or in a particularly serious case of manslaughter according to § 212 para. 2 StGB.
What does life imprisonment mean?
Literally, there is no time limit on a lifelong imprisonment. Because unlike a lifelong imprisonment, there are a variety of offenses in which the legislature provides for a time penalty, such as theft under § 242 para. 1 StGB: "(...) is imprisonment up to five years (...) fined". Thus, a perpetrator would have to remain in prison for life imprisonment until his death.
But why "lifelong" does not mean lifelong.
However, the legal situation is only partially consistent with the name of the sentence. The Federal Constitutional Court clarified that a lifelong imprisonment in the literal sense could not be reconciled with the Basic Law and the human dignity of the convicted person, as a prisoner should not be deprived of the prospect of release. In particular, with regard to imprisonment of the perpetrator, which was basically pursued with imprisonment, every prisoner should have the prospect of being released from prison - even in the distant future.
For that reason, the legislature, by virtue of Section 57a of the Criminal Code, has established a provision whereby the court may suspend the execution of the remainder of a life imprisonment if fifteen years have been served, the particular gravity of the convicted person's debt does not require further enforcement, under Consideration of the safety interest of the general public could be responsible and the condemned person agrees.
If the above conditions are met, a perpetrator sentenced to life imprisonment can be released from prison after 15 years. In Germany, a person sentenced to life imprisonment serves an average of 18 years in prison.
What does it mean "special severity of guilt" and what does this lead to?
However, early release from custody on probation also terminates after 15 years, when the criminal court has established in its judgment the so-called "special severity of guilt". Whether such is to be answered in the affirmative, each judge has to decide for the individual case, whereby the total assessment of fact and perpetrator personality the crime must appear particularly serious and thus a paralysis suspension after the expiration of the minimum period of service of 15 years seems inappropriate. So a double murder weighs heavier than a simple murder. Similarly, the agonizing treatment of the victim or the personality of the offender (sexual or violent inclinations) may suggest a particular debt severity.
The particular severity of the blame means that after 15 years, the court once again sets a deadline (usually five to ten years) during which the perpetrator must remain in custody, even if he no longer runs the risk.
If you also have questions about criminal law, do not hesitate to contact us. Our Lawyer Alexander Greithaner specializes in the field of criminal law and will help you too!
Your comment
Participate in discussion?Leave us your comment!