Life imprisonment

Article

August 15, 2022

Life imprisonment is a denomination, technically in disuse, popularly used to refer to a variety of custodial sentences used in criminal law that have in common the confinement of the convicted person for life until his death, or up to the maximum allowed by law. the law. The penalty corresponds to extremely serious crimes. In many criminal regimes, the old "chain" penalties, so called because the convicted person had to remain in chains, have been replaced by so-called imprisonment,[1] or imprisonment,[2] which they have variants according to the greater or lesser rigor of the confinement conditions (prison, prison, seclusion, penitentiary, arrest, etc.). Many countries have abolished sentences of life imprisonment as contrary to human rights, due to which in these countries the sentence of life imprisonment cannot exceed the maximum legal term, even when the law uses the denomination of "life".[3] ]​

Clarification of terminology

The term "life imprisonment" refers to a sentence that has already been extinguished in almost all legislation (only Peru maintains this term in its legislation, although "chain" does not exist as a penalty). This type of sentence, included in the nineteenth-century criminal codes, was divided into "years in prison" and the most burdensome was "life imprisonment" which meant spending the time of the sentence chained to a wall or a weight, as a steel ball.[4]​[5]​ Today we speak of "life imprisonment" or more technically "prison or confinement for an indefinite period of time", since prisoners are no longer chained and life sentences are extremely rare . In any case, "life imprisonment" is still used as a colloquial designation for this type of sentence.[6]

Regulation by country

Argentina

In Argentina, the Penal Code establishes two types of confinement penalties called confinement and prison, the confinement conditions of the first being more rigorous than the second. The Code contemplates life imprisonment and life imprisonment for the crimes of aggravated homicide (art. 80), sexual abuse resulting in the death of the victim (art. 124), aggravated forced disappearance of persons (art. 142 ter ), torture in which death was caused (art. 144 ter) and treason against the country (art. 214). The maximum sentence in Argentina is fifty (50) years. The person sentenced to imprisonment or life imprisonment who has served thirty-five (35) years of sentence, regularly observing prison regulations, may obtain release by judicial resolution under certain conditions established by criminal law (art. 13 C.P.)[7 ]​. To obtain parole, one of the requirements is not to be a repeat offender (art. 14 C.P.) and as of the 2017 reform not to have committed the crimes defined in article 14 of the penal code. Once parole is revoked, it cannot be obtained again (art. 17 C.P.). In addition to this, there is in the Argentine Penal Code the figure of "confinement for an indefinite period" in cases of multiple recidivism (art. 52 C.P.), which is left to the discretion of the judges, according to the prison reports and expert evaluations if the inmate is or is not fit to be released. Carlos Eduardo Robledo Puch is the person who has been and is in prison the longest. He has been detained since 1972 and is currently still in prison.[8]

Nicaragua

In Nicaragua, President Daniel Ortega communicated to the nation in the act of celebration of the 199th anniversary of independence that he asked the Nicaraguan Supreme Court of Justice to create a constitutional reform of the judicial sphere to approve life imprisonment, this statement by the President was made after the murder and rape of two minors in Mulukuku whose crime is recorded