Sentencing to Life Imprisonment

Abstract

Introduction. After declaring a moratorium on the death penalty in Russia life imprisonment has turned to be the most severe of the applied criminal punishments. In order to respect the rights and interests of all parties of the criminal process, the court when passing a sentence shall con¬sider all the characteristic features of this kind of imprisonment. Taking into account the processes of self-organization, the lack of common approaches to the imprisonment for life in law, the use of evaluation categories that are not explained in the prac¬tice of the highest court, as well as the presence of gaps in certain provisions of the criminal law, leads to the fact that the courts in different regions in text justify and substantiate the sentence of life imprisonment form their own experience. The problem of sentencing in the form of life imprisonment has become the subject of the article. The author’s approach is based on the analysis of the first instance courts sentences and the examination of their features. Theoretical Basis. Methods. The work is carried out with the use of such general scientific research methods as comparative legal, dialectical, formal legal, and hermeneutical methods are applied. The above methods are used in conjunction in order to obtain a synergistic effect of the research. Results. When passing a life sentence, it is important to describe thoroughly the exceptional dan¬ger of the defendant. Failure to comply with this requirement may result in the cancellation of the sentence. The author also analyzes the circumstances that are to preclude the possibility of life imprisonment, deals with the features of life verdict in the case of a combination of crimes or sen¬tences in the particular situation, takes up the questions of determining the type of correctional facility for a person sentenced to this type of punishment. Discussion and Conclusion. Based on the author’s research, the article offers legal options for describing the exceptional danger of the person committed the crime, reflecting in the sentence the punishment imposed for a combination of crimes and sentences, one of which is life impris¬onment.

Life imprisonment: a relic of the past or dira recessitas

“…The consistent resolution of which will allow a new assessment of the necessity and appropriateness of this type of punishment in the system of measures of criminal justice response to crime in Russia and to answer the question: whether this type of punishment is a relic of the past or a brutal necessity in today's environment. The problem is that the answer to most of them, such as predicting the effectiveness of its preventive impact and correctional effect [2] is possible only after a long time, when there is enough information for a comprehensive analysis of the recidivism rate of life-time prisoners. In particular, according to the results of the study of the institution of parole from serving the sentence.…”