Editing Life imprisonment (section)

===Europe===

A number of European countries have abolished all forms of indefinite imprisonment. [[Croatia]] set maximum prison sentence at 40 years (50 years in exceptional circumstances). In the [[Bosnia and Herzegovina]] the maximum prison sentence is set at 45 years on federal level, in [[Federation of Bosnia and Herzegovina]] and [[Brčko District|Brčko Distrikt]], while [[Republika Srpska]], which previously also set maximum prison term at 45 years, has reinstated a life sentence. Portugal abolished all forms of life imprisonment with the [[prison reform]]s of Sampaio e Melo in 1884 and has a maximum sentence of 25 years.<ref>{{Cite book|last=Ramalho|first=Énio|url=https://www.legislationline.org/download/id/4288/file/Portugal_CC_2006_en.pdf|title=THE PORTUGUESE PENAL CODE, GENERAL PART (ARTICLES 1–130)|publisher=verbojuridico|year=2016|page=12|chapter=II}}</ref><ref>{{cite web|last=Bruno|first=Cátia|title=25 anos de prisão. A história da pena máxima em Portugal|url=https://observador.pt/2018/03/08/25-anos-de-prisao-a-historia-da-pena-maxima-em-portugal/|access-date=2021-01-13|website=Observador|language=pt-PT}}</ref>

Life imprisonment in Spain was abolished in 1928, but reinstated in 2015 and upheld by the [[Constitutional Court of Spain|Constitutional Court]] in 2021.<ref name=rtve/><ref name=efe/><ref name=pais>{{cite news |title=Una figura instaurada en 1822 y eliminada en 1928 |trans-title=A statute installed in 1822 and abolished in 1928|url=https://elpais.com/politica/2015/01/21/actualidad/1421873508_079804.html |access-date=29 December 2020 |work=[[El País]] |date=21 January 2020 |language=Spanish}}</ref> [[Serbia]] previously had a maximum prison sentence of 40 years; life imprisonment was instated in 2019 by amendments to the country's criminal code, alongside a [[three-strikes law]].<ref>{{cite web |title=Krivični zakonik |url=https://www.paragraf.rs/propisi/krivicni-zakonik-2019.html |access-date=2022-09-03 |website=www.paragraf.rs |language=sr}}</ref>

In [[Europe]], there are many jurisdictions where the law expressly provides for life sentences without the possibility of parole. These are [[England and Wales]] (within the [[United Kingdom]]; see [[Life imprisonment in England and Wales]]), the [[Netherlands]], [[Moldova]], [[Bulgaria]],<ref>{{cite web|url=http://www.legislationline.org/documents/section/criminal-codes/country/39|archive-url=https://web.archive.org/web/20171007053656/http://legislationline.org/documents/section/criminal-codes/country/39|url-status=dead|title=Bulgaria – Criminal codes – Legislationline|archive-date=7 October 2017|website=www.legislationline.org}}</ref> [[Italy]] (only for persons who refuse to cooperate with authorities and are sentenced for [[mafia]] activities or [[terrorism]]), [[Ukraine]], [[Turkey]], [[Russia]], and [[Serbia]].<ref>{{cite web |title=Krivični zakonik |url=https://www.paragraf.rs/propisi/krivicni-zakonik-2019.html |access-date=2022-09-03 |website=www.paragraf.rs |language=sr}}</ref>

In [[Sweden]], although the law does not expressly provide for life without the possibility of release, some convicted persons may never be released, on the grounds that they are too dangerous. In [[Italy]], persons who refuse to cooperate with authorities and are sentenced for mafia activities or terrorism are ineligible for parole and thus will spend the rest of their lives in prison. In Austria, life imprisonment will mean imprisonment for the remainder of the offender's life unless clemency is granted by the [[President of Austria]] or it can be assumed that the convicted person will not commit any further crimes; the probationary period is ten years.<ref>{{cite web | url=https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296&Artikel=&Paragraf=46&Anlage=&Uebergangsrecht= | title=RIS - Strafgesetzbuch § 46 - Bundesrecht konsolidiert, tagesaktuelle Fassung }}</ref> In Malta, prior to 2018, there was previously never any possibility of parole for any person sentenced to life imprisonment, and any form of release from a life sentence was only possible by clemency granted by the [[President of Malta]]. In [[France]], while the law does not expressly provide for life imprisonment without any possibility of parole, a court can rule in exceptionally serious circumstances that convicts are ineligible for automatic parole consideration after 30 years if convicted of child murder involving rape or torture, premeditated murder of a state official or terrorism resulting in death. In [[Moldova]], there is never a possibility of parole for anyone sentenced to life imprisonment, as life imprisonment is defined as the "deprivation of liberty of the convict for the entire rest of his/her life". Where mercy is granted in relation to a person serving life imprisonment, imprisonment thereof must not be less than 30 years. In [[Ukraine]], life imprisonment means for the rest of one's life with the only possibilities for release being a terminal illness or a presidential pardon.<ref>{{cite web|url=https://khpg.org//en/1552444710|title=Ukraine found in violation of the prohibition of torture over treatment of life prisoners|website=Kharkiv Human Rights Protection Group}}</ref> In Albania, while no person sentenced to life imprisonment is eligible for standard parole, a conditional release is still possible if the prisoner is found not likely to re-offend and has displayed good behaviour, and has served at least 25 years.

Before 2016 in the [[Netherlands]], there was never a possibility of parole for any person sentenced to life imprisonment, and any form of release for life convicted in the country was only possible when granted royal decree by the [[King of the Netherlands]], with the last granting of a pardon taking place in 1986 when a terminally ill convict was released. As of 1970, the Dutch monarch has pardoned a total of three convicts. Although there is no possibility of parole eligibility, since 2016 prisoners sentenced to life imprisonment in the Netherlands are eligible to have their cases reviewed after serving at least 25 years. This change in law was because the [[European Court of Human Rights]] stated in 2013 that lifelong imprisonment without the chance of being released is inhumane.<ref>{{cite web |url=https://www.rechtspraak.nl/Themas/Levenslang#301c0ce6-af28-4346-9b8b-3aa80761dbedfd65dac8-7cae-4cfd-87d0-d06985d756584 |website=rechtspraak.nl |language=Dutch|title=Levenslang }}</ref>

Even in other European countries that do provide for life without parole, courts continue to retain judicial discretion to decide whether a sentence of life should include parole or not. In [[Albania]], the decision of whether or not a life-convicted person is eligible for parole is up to the prison complex after 25 years have been served, and release eligibility depends on the prospect of [[Rehabilitation (penology)|rehabilitation]] and how likely they are to re-offend. In Europe, only Ukraine and Moldova explicitly exclude parole or any form of sentence commutation for life sentences in all cases.