Life imprisonment – the highest penalty in the Czech legal system – when is it imposed?

Quick overview

• Life imprisonment is the maximum sentence a Czech court can impose.
• It is not imposed for every serious crime, but only for those crimes explicitly allowed by the Criminal Code – for example, qualified murder, terrorist attack, treason, genocide or an attack against humanity.
• The convicted person is placed in a high-security prison.
• He or she can apply for parole after 20 years at the earliest, but only if he or she meets the legal conditions and the court concludes that a proper life of freedom can be expected.

Are you dealing with a criminal trial, an appeal of a conviction, or a concern about an unduly harsh sentence? In situations like this, a timely legal strategy is essential. Our attorneys can help you assess your defense options and remedies in a criminal case.

Exceptional punishment in the Czech legal system

Life imprisonment is one of the two exceptional sentences that courts in the Czech Republic can impose. Exceptional sentences are reserved for the most serious crimes and represent the most severe criminal sanctions in the country. The other exceptional sentence is imprisonment for 20 to 30 years, which is a less severe option that is imposed when there is hope of reforming the offender.

Before 1990, the death penalty was imposed in the Czech Republic (and previously in Czechoslovakia) for the most serious crimes, including brutal murders or terrorism. This penalty was abolished in 1990 when Czechoslovakia acceded to international agreements requiring its abolition. Life imprisonment thus became the highest possible punishment, replacing the absolute death penalty.

The court may impose life imprisonment only in cases where the danger to society is extremely high and there is no hope that the offender can be reformed by a more conventional punishment. The conditions under which this penalty may be imposed are strictly defined by law and relate mainly to brutal or multiple murders, treason, genocide and other particularly serious crimes. Life imprisonment thus acts as the ultimate means of protecting society from the most dangerous criminals.

When can they put you away for life?

Life imprisonment can be given for enumerated offences, which means that they are precisely defined by law. These include, in particular, murder committed in a particularly brutal manner, terrorist attacks with intent to kill, treason, general endangerment with fatal consequences or genocide.

In order for this penalty to be imposed, it is important that the act be committed in a particularly deplorable manner or for particularly deplorable reasons. The law requires that the perpetrator’s conduct must be out of the ordinary in its brutality or callousness and pose an extraordinary risk to society. Examples may include multiple murders, murders of children or defenceless victims, or attacks motivated by extreme hatred.

The decision to impose life imprisonment is therefore a crucial one, requiring a thorough assessment of whether the offender is so dangerous that reformation is unrealistic. Only in such cases can the court impose this most severe penalty that exists in Czech law.

We know from the practice of criminal cases that the public often confuses a high sentence with the automatic imposition of life imprisonment. However, the court always assesses the specific circumstances of the case – for example, the degree of planning, the motive, the brutality of the attack, the offender’s behaviour after the crime and expert conclusions on his personality. It is these details that may determine whether the court imposes a life sentence, a sentence of more than 20 years, or another sentence at the statutory rate.

Life sentences in the Czech Republic

Life sentences are relatively rare in the Czech Republic. Based on available statistics, only a few offenders are given this sentence each year. Currently, 48 persons are serving life sentences.

One of the well-known examples in the media was the case of Mr Z. K., who decided to take revenge on his wife, who had moved in with her son because of a disagreement. Mr Z. K. visited his son’s apartment on the 11th floor, where he set fire to the front door at the moment when a birthday party was taking place in the apartment. Six people died right inside the apartment and five others did not survive the jump from the window.

Other well-known cases include Jiří Kajínek, who was sentenced to life imprisonment for double murder in 1998, but was granted a presidential pardon by President Miloš Zeman in 2017 and released after 23 years. However, such cases are not frequent, and parole is a rather theoretical possibility for those sentenced to life imprisonment. They can apply for release after serving 20 years, but the courts often reject the applications.

Life imprisonment therefore has very strict rules in the Czech legal system, and its granting and possible conditional release are assessed very carefully.

Execution of a life sentence – what awaits the convicted?

Life imprisonment in the Czech Republic is subject to strict rules. Those sentenced to life imprisonment spend their sentence in special wards of prisons where stricter security measures apply. They spend most of their time alone, often in separate cells, and have limited opportunities for movement and contact with others. They are usually accompanied by a guard on walks and visits, and these activities are severely restricted to ensure safety.

Life prisoners are allowed to work, but only inside the prison and under strict conditions.

On the other hand, however, even if a life sentence is imposed, it does not necessarily mean that convicts will spend the rest of their lives in prison. After 20 years, they can apply for parole.

However, as we mentioned above, the courts very rarely approve them. The applicant must show that he or she has made significant progress during the sentence, which is assessed, for example, by psychological tests. If the convicted person fails to show sufficient signs of reform, the court will refuse the application.

In practice, the application for conditional release for life sentenced prisoners tends to be extremely difficult. It is not enough that the prisoner ‘does not cause problems’ in prison. The court usually assesses long-term personality development, expert reports, risk of reoffending, relationship with the victims and whether the prisoner has a realistic background after possible release.

The most common misconception: life imprisonment does not automatically mean imprisonment until death

Life imprisonment in Czech law means a sentence without a predetermined end. But it does not mean an absolute ban on release. A convicted person can apply for parole after fulfilling the legal conditions, but in the case of a life sentence, after 20 years at the earliest. At the same time, however, the court judges such applications very strictly and release is not an entitlement. Moreover, the Penal Code explicitly provides that a life sentence cannot be reparoled from an exceptional sentence.

Life imprisonment abroad: How does the approach to sentencing differ?

The differences in the approach to life imprisonment show how differently different states assess the dangerousness of offenders and how differently they view their potential for rehabilitation and protection of society. This variability also reflects cultural and legal differences between countries.

Other countries have very different rules on the imposition of exceptional sentences. For example, in the US, life imprisonment is much more common and in some countries there is also a non-parole option. Some US states are also known to impose repeated or multiple life sentences or, for example, a sentence of 136 years’ imprisonment, which is up to several times the normal life expectancy. There are also well-known “three times and enough” laws, whereby an offender can receive life imprisonment even for less serious crimes if he or she commits them repeatedly.

Norway, for example, limits the maximum prison sentence to 21 years, even for crimes such as the case of mass murderer Anders Breivik. However, this sentence can be extended repeatedly if the person is still considered a threat to society. In New Zealand, life imprisonment is the standard sentence for murder, but can be reduced if the circumstances of the crime are not so serious.

Brazil, on the other hand, has neither life imprisonment nor the death penalty in its penal system. The maximum sentence here is 30 years, even for very serious crimes.

Summary

Life imprisonment is the most severe punishment in the Czech Republic and is one of the so-called exceptional punishments. It can only be imposed by the court for particularly serious crimes for which the Criminal Code expressly allows it – for example, qualified murder, terrorist attack, treason, genocide or an attack against humanity. It is not an automatic punishment even for very serious cases, as the court always assesses the specific circumstances of the crime, the personality of the perpetrator, the degree of danger and the possibility of rehabilitation. A lifer is placed in a high-security prison and can apply for parole after 20 years at the earliest, with the court assessing the application very strictly. According to the latest available CSO data, 48 persons are serving life sentences.