ESCAPE FROM DETENTION FACILITY AND THEIR CRIMINAL LIABILITY

Recently, there have been many cases of prisoners escaping from their detention, affecting the morale of people around the area and netizens. So how will the act of escaping from detention be punished?

Table of Contents

1. What is “escape from detention”?

2. Regulatory penalties in the 2015 Penal Code, amended and supplemented in 2017

1. What is “escape from detention”?

Escaping from detention is simply understood as the act of a person being detained or held in custody using all means to illegally escape the management and supervision of a responsible person.

2. Regulatory penalties in the 2015 Penal Code, amended and supplemented in 2017

Pursuant to Article 386 of the 2015 Penal Code, amended and supplemented in 20172017 stipulates the crime of Escape from detention facility or during escort or trial:

“1. Any person who escapes while being kept in detention, escorted, tried, or serving an imprisonment shall face a penalty of 06 – 36 months’ imprisonment.

2. This offence committed in any of the following cases shall carry a penalty of 03 – 10 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offender uses violence against the guards of escorters.”

Therefore, in addition to the punishment for the crime the prisoner previously committed, the prisoner will be additionally punished for escaping from detention, custody or escaping while being escorted or being tried. Depending on the nature and severity of the crime, prisoner can be sentenced to a maximum of 10 years imprisonment.