'National penalties - life imprisonment' in document 'Estonia - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 1
GENERAL PART

Chapter 3
TYPES AND TERMS OF PUNISHMENTS

Division 1
Principal Punishments Imposed for Criminal Offences

§ 45. Imprisonment

(1) For a criminal offence, the court may impose imprisonment for a term of thirty days to twenty years, or life imprisonment.

(2) Imprisonment for a term of more than ten years or life imprisonment shall not be imposed on a person who at the time of commission of the criminal offence is less than 18 years of age.

Part 1
GENERAL PART

Chapter 5
RELEASE FROM PUNISHMENT

§ 77. Release on parole in case of life imprisonment

(1) If a person has been sentenced to life imprisonment, the court may release the person on parole if the convicted offender has actually served at least thirty years of the term of the punishment.

(2) In releasing a person specified in subsection (1) of this section on parole, the provisions of subsection 76 (3) of this Code shall be taken into consideration.

(3) Probation shall be ordered for a period of five to ten years.

(4) If a person commits a new intentional criminal offence during a period of probation, he or she shall be ordered to serve the sentence of life imprisonment.

Part 1
GENERAL PART

Chapter 6
LIMITATION PERIODS

§ 81. Limitation period of offence

(2) Offences against humanity, war crimes and offences for which life imprisonment is prescribed do not expire.

Part 1
GENERAL PART

Chapter 6
LIMITATION PERIODS

§ 82. Limitation period for execution of judgment or decision

(3) The limitation period for execution of a conviction does not expire if life imprisonment has been imposed as punishment.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 2
Offences Against Humanity

§ 89. Crimes against humanity

Systematic or large-scale deprivation or restriction of human rights and freedoms, instigated or directed by a state, organisation or group, or killing, torture, rape, causing health damage, forced displacement, expulsion, subjection to prostitution, unfounded deprivation of liberty, or other abuse of civilians, is punishable by 8 to 20 years’ imprisonment or life imprisonment.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 2
Offences Against Humanity

§ 90. Genocide

A person who, with the intention to destroy, in whole or in part, a national, ethnical, racial or religious group, a group resisting occupation or any other social group, kills or tortures members of the group, causes health damage to members of the group, imposes coercive measures preventing childbirth within the group or forcibly transfers children of the group, or subjects members of such group to living conditions which have caused danger for the total or partial physical destruction of the group, shall be punished by 10 to 20 years’ imprisonment or life imprisonment.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 4
War Crimes

§ 95. Acts of war against civilian population

A person who attacks civilians in war zones or destroys or renders unusable food or water supplies, sown crops or domestic animals indispensable for the survival of civilian population, or attacks structures or equipment containing dangerous forces, shall be punished by 5 to 15 years’ imprisonment or life imprisonment.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 4
War Crimes

§ 96. Illegal use of means of warfare against civilians

A person who uses means of warfare in a manner not allowing to discriminate between military and civilian objects and thereby causes the death of civilians, health damage to civilians, damage to civilian objects or a danger to the life, health or property of civilians shall be punished by 6 to 15 years’ imprisonment or life imprisonment.