Life Imprisonment and Grant of Parole in the Federal Republic of Germany and in the Russian Federation

Abstract

The article analyzes the development, state and legal regulation of the sentence of life imprisonment in the Federal Republic of Germany. Attention is drawn to the changes in the field of criminal and penal legislation in Germany, which occurred during the application of this punishment. The most significant changes relate to the introduction of granting parole for life imprisonment as well as the process that precedes such a court decision. The conditions to be observed in the case of granting parole to a person sentenced to life imprisonment are considered. Quantitative indicators of convicts sentenced to life imprisonment and parolees released from it in the Federal Republic of Germany are investigated. For an objective assessment of the use of this type of punishment, a comparison is made on a number of parameters with the appointment of life imprisonment in the Russian Federation. The comparative data show that Germany has developed legal and organizational mechanisms for the widespread use of life imprisonment which are not available in Russia. The authors note that Germany has formed a different concept of the use of this type of punishment. Despite the lower crime rate than in the Russian Federation, life imprisonment is used more frequently, and parole is used as an effective tool for correcting the behavior of persons sentenced to this type of punishment. The differential treatment of each convicted person and the corresponding set of procedures, both before and after grant of parole, reflect the real possibility of changing the behavior of persons sentenced to life imprisonment in the Federal Republic of Germany. Successful algorithms for the use of this type of punishment show its inextricable relationship with granting parole, which can be used in Russian criminal and penal law.