In Germany, a prisoner sentenced to life imprisonment (lebenslange Freiheitsstrafe) can normally apply for parole after having served 15 years. If the court has determined a "particular gravity of guilt" exists (besondere Schwere der Schuld), the prisoner can apply for parole after 18 years. In extreme cases, the court can even extend the minimum time to serve beyond 18 years; some East German government officials and Red Army Faction terrorists [1] be required to serve at least 26 years before becoming eligible for parole. Paroled prisoners usually will have to stay in regular contact with a civilian "parole helper" (Bewährungshelfer) for the remainder of their terms - in case of life imprisonment, for the remainder of their life.
The German Constitutional Court has found life imprisonment without the possibility of parole to be antithetical to human dignity, the most fundamental concept of the present German constitution. That ruling does not mean that every convict has to be released, but that every convict must have a realistic chance for eventual release, provided that they are not considered dangerous any more[2]. Displays of contrition or appeals for mercy are not a condition for such a release. There is considerable popular opposition to the application of this ruling in the case of East German government officials and Red Army Faction terrorists.
The average time served for a life sentence in Germany is 21½ years. The record time served is held by a convicted mass murderer and rapist who was imprisoned for 49 years (1959 until his death in late 2008). [3] 20% of all prisoners sentenced to life imprisonment actually die in prison.
In cases where the convict is found to pose a clear and present danger to society, the sentence may include a provision for "preventive detention" (German: Sicherungsverwahrung) after the actual sentence. This is not considered a punishment, but a protection of the public, and elements of prison discipline that are not directly security-related will be relaxed for those in preventive detention. The preventive detention is prolonged every two years until it is found that the convict is unlikely to commit further crimes. Preventive detention may last for longer than 10 years, and is used only in exceptional cases. Since 2004, it is also possible for preventive detention to be ordered by a court after the original sentencing if the danger that a criminal poses upon release becomes obvious only during their imprisonment.
For a person under the age of 18 (or under the age 21 if the person is not considered to be of adult maturity) the maximum penalty is 10 years imprisonment.
Murder, [4] genocide, crimes against humanity, war crimes against a person. [5]
Preparation of a war of aggression, high treason against the Federation, treason, disclosure of illegal secrets, engaging in relations that endanger peace, child abuse causing death, sexual assault causing death, robbery causing death, arson causing death, abduction for the purpose of blackmailing causing death, taking hostages causing death, causing a nuclear explosion causing death, causing an explosion causing death, misuse of ionising radiation causing death, attacking a driver for the purpose of committing a robbery causing death, attack on air and sea traffic causing death
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In Germany, a prisoner sentenced to life imprisonment (lebenslange Freiheitsstrafe) can normally apply for parole after having served 15 years. If the parole court rejects the request the inmate can reapply after two years (§ 57 IV StGB). If the court has determined a "severe gravity of guilt" exists (besondere Schwere der Schuld), the case is reviewed by the parole court after 15 years. It determines in light of the severe gravity of guilt and the development of the prisoner if and how many additional years the inmate has to serve before he is eligible to apply for early release. There is no legal limit on the term the parole court can hand down. However usually it is 4–5 years. Longer periods are rare. In the case of one Red Army Faction terrorist [1] the parole court ordered an additional time of at least 11 years (making it at least 26 years in total) before becoming eligible for parole. The length was due to his involvement in multiple killings and certainly also due to the extreme fear this terrorist organisations caused in the end of the 1970s till the early 1990s. Paroled prisoners usually will have to stay in regular contact with a civilian "parole helper" (Bewährungshelfer) for the parole period. The parole period in the case of life imprisonment is five years (§ 57 III StGB).
The German Constitutional Court has found life imprisonment without the possibility of parole to be antithetical to human dignity, the most fundamental concept of the present German constitution. That ruling does not mean that every convict has to be released, but that every convict must have a realistic chance for eventual release, provided that they are not considered dangerous any more[2]. Displays of contrition or appeals for mercy are not a condition for such a release. There is considerable popular opposition to the application of this ruling in the case of East German government officials and Red Army Faction terrorists.
The average time served for a life sentence in Germany is 21½ years. The record time served is held by Heinrich Pommerenke, a convicted mass murderer and rapist who was imprisoned for 49 years (1959 until his death in late 2008).[3][4] 20% of all prisoners sentenced to life imprisonment actually die in prison.
In cases where the convict is found to pose a clear and present danger to society, the sentence may include a provision for "preventive detention" (German: Sicherungsverwahrung) after the actual sentence. This is not considered a punishment, but a protection of the public, and elements of prison discipline that are not directly security-related will be relaxed for those in preventive detention. The preventive detention is prolonged every two years until it is found that the convict is unlikely to commit further crimes. Preventive detention may last for longer than 10 years, and is used only in exceptional cases. Since 2004, it is also possible for preventive detention to be ordered by a court after the original sentencing if the danger that a criminal poses upon release becomes obvious only during their imprisonment.
For a person under the age of 18 (or under the age 21 if the person is not considered to be of adult maturity) the maximum penalty is 10 years imprisonment.
Murder,[5] genocide, crimes against humanity, war crimes against a person.[6]
Preparation of a war of aggression, high treason against the Federation, treason, disclosure of illegal secrets, engaging in relations that endanger peace, child abuse causing death, sexual assault causing death, robbery causing death, arson causing death, abduction for the purpose of blackmailing causing death, taking hostages causing death, causing a nuclear explosion causing death, causing an explosion causing death, misuse of ionising radiation causing death, attacking a driver for the purpose of committing a robbery causing death, attack on air and sea traffic causing death, Nazi related crimes[citation needed]
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