Life Imprisonment in France: Compatibility with European Convention on Human Rights Article 3
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Life imprisonment, European Convention on Human Rights, Article 3, French Penal Code, criminal procedure, sentence adjustment, review, aggravated murder, terrorism, rape
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Abstract
Unlock the complexities of life imprisonment in France and its compatibility with human rights standards. Discover how the French legal system navigates the delicate balance between punishment and rehabilitation, as outlined in the European Convention on Human Rights. Learn about the conditions under which a life sentence can be imposed, including for crimes such as terrorism, aggravated murder, and rape, and understand the role of review mechanisms in ensuring that such sentences are not considered inhuman or degrading treatment. Explore the nuances of French penal code, including articles 131-1, 132-18, and 706-4, which govern the imposition and review of life imprisonment sentences. Understand how the European Court of Human Rights, through rulings such as Vinter v. United Kingdom, shapes the legal landscape surrounding life imprisonment in Europe.
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[...] This deprivation of liberty must fulfill a 'utilitarian preventive function', to quote the terms of Bernard BoulocRight to the Execution of Penal Sanctions). The function of imprisonment is retributive: it is a matter of punishing an individual in return for their act. The State, through this function, seeks to preserve the collective interest and demonstrate that repairing the victims matters to it. In addition to retribution, this sentence promotes the reintegration of the perpetrator of the offense. This function of the sentence is more a matter of sanction. [...]
[...] Ferri, La sociologie criminelle, Dalloz p. 550. L. Mermaz and J. Floch, France Facing Its Prisons, Dalloz p. 118. J.-A. Roux, Course of French Criminal Law, p. 379 X. Pin, General Penal Law, 15e éd., Dalloz, p. [...]
[...] It is worth noting that within its power of individualization, the Assizes Court can set the sentence at a lower level. One can refer to the Key Figures of Justice 2020 According to which, in fact prison sentences were pronounced in 2019, including 17 for life. The average duration of these sentences (excluding the hypothesis of life imprisonment) was 14.9 years. The power of the Assizes Court is however, doubly limited. Firstly, it is framed by the fact that, if the Court pronounces a prison sentence of less than or equal to ten years, it must qualify it as 'imprisonment' and not 'criminal reclusion'. [...]
[...] Thus, we perceive that in addition to its conventionality, this system is also constitutional. The judgment Bodein put an end to the uncertainties and discussions that could have been on the conventionality of the system of perpetual penalties in France. It provides for a review of these penalties and this, even if the review is only possible after a period of safety equivalent to thirty years. In its judgment Vinter, the Court refuses to 'dictate the form (administrative or judicial) that such a review should take' and also refuses to 'say at what time this review should take place'. [...]
[...] A life imprisonment sentence is a sentence consisting in detaining a person in a penitentiary without setting a specific duration. In France, this sentence is provided for in the range of penalties under Article 131-1 of the Criminal Code. Life imprisonment is an indeterminate sentence that leads to the incarceration of a prisoner either until the end of their life, or until a possible release through a decision by the judicial authority or an administrative authority. Multiple infractions can lead to this sentence, including those against the state and public order, such as terrorism-related crimes (Article 421-7 of the Penal Code), as well as crimes against individuals, such as aggravated murder (Article 221-1 of the Penal Code) and aggravated rape (Article 222-26 of the Penal Code). [...]
