Imprisonment (Namibia)
The imprisonment in Namibia is a form of government sanction to an offense to respond. As usual in democratic legal systems , the punishment is pronounced by an independent Namibian court through a judgment .
The longest temporary prison sentence ever imposed in Namibia was given to a 43-year-old man on May 27, 2015. The Windhoek High Court sentenced him to 110 years in prison for multiple rape cases . The man was previously sentenced to 43 years in prison. A temporary sentence of 80 years was imposed in September 2018.
Basics
The Criminal Procedures Act of 1977 forms the basis for the sentence in Namibia . In 2004 this was changed by the Criminal Procedures Act of 2004, No. 24 replaced.
It sets maximum and minimum sentences as well as the general procedure in criminal law and is supplemented by other laws.
Assessment of the duration of the sentence
Depending on the offense, Namibian criminal law provides a specific range of punishments . Offenses that massively interfere with the freedom of the Namibian people are punished with particular severity, as well as offenses that affect areas of the Namibians' livelihood.
With the introduction of the Criminal Procedures Act since 2004, the highest level in Namibia is life imprisonment without the possibility of early release . She is threatened for the most serious crimes , such as murder and high treason, and may only be instructed by the high court . If a simple life sentence is imposed, release is possible after 25 years at the earliest.
If the imprisonment is not for life, it is set as a temporary imprisonment (Chapter 34 Sentence, Paragraph 307 Nature of Punishments) and may not be imposed for a period of less than four days (34, 313).
Temporary imprisonment sentences of at least 100 hours and a maximum of 2000 hours may be imposed for all offenses for which no sentence has been specified by law (34, 314). A fine with or without a temporary imprisonment may be imposed (34, 316).
A penalty below the minimum may generally only be imposed taking into account the most serious circumstances of the offender.
The competent judge can have custodial sentences imposed for two or more offenses committed at the same time served in parallel (Chapter 34 Sentence, Paragraph 310 Cumulative or concurrent sentences).
Since a decision by the Constitutional Court on February 6, 2018, temporary prison sentences that go well beyond the life expectancy of a person have been “inhuman”. Two convicted murderers had sued, each receiving 60 years imprisonment for a double homicide. In a landmark judgment, the court reduced this prison sentence to two life sentences with simultaneous serving. This gives the convicts the chance to apply for their release after 25 years.
Most serious crimes
The most serious crimes in Namibia result in a life sentence with or without early release if the guilt is particularly serious according to Annex 5, Section I of the law.
In serious cases of the most serious offenses (Appendix 5, Section II), these are generally punished with a minimum penalty of 15 years for first-time offenders, 20 years for second offenders and 25 years for third-party offenders, in normal cases of the most serious offenses (Appendix 5, Section III) with 10, 15 or 20 years and in simple cases of the most serious offenses (Annex 5, Section IV) with 5, 7 or 10 years of temporary imprisonment. No lower court may exceed these minimum sentences by more than five years.
Treason
The high or treason can on the basis of Chapter 34 Sentence, paragraph 309 Minimum Sentences for certain serious offenses punishable by life imprisonment. This presupposes that the betrayal has resulted in death or a serious threat to human life.
murder
In Namibia, murder is punishable by up to life imprisonment, in the case of particularly serious guilt (according to Annex 5 I of the Act) without the possibility of early release, in other cases with the possibility of early release after at least 25 years (Chapter 34 Sentence, Paragraph 309 Minimum Sentences for certain serious offenses). Temporary prison sentences averaging around 40 years are common.
rape
Rape is also one of the most serious crimes in Namibia. The terms of imprisonment for rape are set out in the Combating of Rape Act, No. 8 of 2000 established.
Depending on the severity of the guilt, the circumstances, the age of the raped person and the relationship status with the victim, as well as the procedure for the rape, the penalty is between at least 5 years and 15 years. In the case of a repeat offense between 10 years and not less than 45 years. In particularly serious cases, a life sentence is imposed, which can be imposed with or without the possibility of early release after 15 years at the earliest (Chapter 34 Sentence, Paragraph 309 Minimum Sentences for Certain Serious Offenses).
robbery
In particularly serious cases in which life and limb have been impaired, robbery can be punished with a life sentence according to Chapter 34 Sentence, Paragraph 309 Minimum Sentences for Certain Serious Offenses, 3 (d) . In less severe cases, early discharge is possible after 15 years at the earliest.
Simple robbery offenses can be punished with a temporary imprisonment.
Cattle theft
The theft of livestock or farm animals was a serious criminal offense in Namibia with the adoption of the Stock Theft Amendment Act of 2004 as an amendment to the Stock Theft Act of 1990 .
However, the law has been under review since January 2010, prompted by a lawsuit brought by a 20 year old and a 30 year old convict of inhumanity and violation of the Namibian constitution . On March 10, 2011, the higher court declared the law unconstitutional and thus upheld the lawsuit. This was justified primarily with the disproportionate deterrent effect in relation to the protection of human dignity.
With the enactment of the Ordinance 2004, penalties for cattle theft were imposed in relation to the value of the stolen cattle and the fact whether it was a first or repeat offender:
- First act
- Cattle valued at less than 500 Namibian dollars (N $): imprisonment for not less than 2 years
- Cattle valued at more than N $ 500: imprisonment not less than 20 years
- Repeat offense: imprisonment not less than 30 years.
Theft of livestock , except for poultry, could not be compensated for by a fine (Section 14, Paragraph 2).
Serving the sentence
The sentence is served in Namibia in a correctional facility established and monitored by the Ministry of Security . In the case of serious crimes, this always happens in the Windhoek correctional facility .
See also
Individual evidence
- ↑ 05/28/2015 News in the morning. Hitradio Namibia, May 28, 2015. ( Memento of May 28, 2015 in the Internet Archive ) Retrieved May 28, 2015.
- ↑ The verdict levels the prison sentences. Allgemeine Zeitung, September 19, 2018.
- ^ Criminal Procedures Act 2004 . ( Memento of March 9, 2016 in the Internet Archive ) (PDF; 583 kB) In: Government Gazette , Republic of Namibia, December 24, 2004, accessed on January 28, 2011
- ↑ Somaeb gets two life imprisonments for killing girlfriend and her son. Namibia Press Agency, November 29, 2017.
- ^ Extra-long prison terms ruled unconstitutional. The Namibian, February 7, 2018.
- ^ Combating of Rape Act, No. 8 of 2000 (PDF; 136 kB)
- ^ Stock Theft Amendment Act of 2004. ( Memento of December 6, 2016 in the Internet Archive ) (PDF; 78 kB) In: Government Gazette of the Republic of Namibia, December 20, 2004, accessed on January 27, 2011
- ^ Stock Theft Act under attack . In: The Namibian , January 7, 2010
- ↑ Court lifts minimum sentences - “Inhumanly” long imprisonment for cattle thieves is unconstitutional . ( Memento from March 14, 2011 in the Internet Archive ) In: Allgemeine Zeitung , March 11, 2011
