Escape from a place of deprivation of liberty, from arrest or from custody
1. Escape from a place of deprivation of liberty, from arrest or from custody, committed by a person serving a sentence or being in pre-trial detention -
is punishable by forced labor for up to four years or by imprisonment for the same period ( )
2. The same act committed by a group of persons by prior conspiracy or by an organized group -
is punishable by forced labor for a period of up to five years or by imprisonment for the same period (part of the second edition of the Federal Law No. 420-FZ of December 7, 2011) of the Law of December 8, 2003 No. 162-FZ).
3. Acts stipulated in parts one or two of this article, committed with the use of violence dangerous to life or health, or with the threat of such violence, as well as with the use of weapons or items used as weapons -
is punishable by forced labor for a period of up to five years, or by imprisonment for up to eight years (as amended by Federal Law No. 420-FZ of December 7, 2011) (part three is introduced by the Federal Law from 08.12.2003 No. 162-FZ). 1
1. The object of this criminal assault are the public relations that ensure the execution of judicial decisions on the application of punishment or the application of measures of procedural coercion.
With the exceptionally qualified composition of this crime, provided for in Part 3 of the article being commented, the inviolability of the person, her life and health is the additional object .
2. For the objective side of the crime, active actions are expressed, which are expressed in the illegal illegal abandonment of the place of deprivation of liberty, arrest or detention. Places of deprivation of liberty as a form of punishment are colony-settlements, correctional colonies of general, strict and special regimes, educational colonies, medical correctional institutions, prisons. The punishment in the form of arrest is executed in special institutions of strict isolation - arrest houses. The places of detention in the application of preventive measures are pre-trial detention centers and temporary detention facilities.The article under review, establishing responsibility for escapes, extends not only to defendants and suspects, who have been detained as a preventive measure and who have arbitrarily left the remand center or temporary detention facility, but also on the said persons and detainees and sentenced to deprivation of liberty or arrest if they escaped from transport during transport, from the courtroom, from the place where the investigation was conducted, from the medical of the institution where they were under the control of persons required to supervise them and their protection.
3. Methods of escape can be: digging, breaking of locks, sawing the bars, attacking the guard, putting off her vigilance or using strong drugs, bribing.
4. Escape considers finished from the moment the person leaves the place where it should be located and escape from the control of the convoy or other persons obliged to exercise control over it. At the same time, it is a continuing crime, and it ends either by surrendering to a law enforcement agency or by forcibly detaining him. Until this moment - no matter how many a person is hiding - the statute of limitations of his criminal prosecution is not exhausted.
5. Subjects crimes are persons convicted by a court verdict to imprisonment or arrest, other convicts, to whom these types of punishment are applied in order to replace a softer punishment; suspects and accused, against whom measures of procedural coercion in the form of detention or detention are applied. Juveniles under 16 years of age are not criminally responsible for escaping from a place of deprivation of liberty, from arrest or from custody.
6. The subjective side of this crime is characterized by direct intent.
In the event of an escape from a place of deprivation of liberty or from the custody of a person who has been unlawfully convicted or brought to criminal responsibility, such person shall not be liable if he did not commit another crime in the process of escape (destruction of property, causing serious harm to health and .p.).
7. The qualifying circumstances that give rise to a more strict liability for these acts are: the commission of a crime by a group of persons by prior agreement or by an organized group (see the comment to Article 35); the use of violence dangerous to life or health, or the threat of such violence (see the commentary, to item 111, 162); the use of weapons or items used as weapons (see the commentary to article 162).
Escape, involving intentional homicide, encroachment on the life of a law enforcement officer or a government official, or with deliberate infliction of serious harm to health, or with disorganization of the institution providing isolation from society, is subject to qualification for the totality of crimes provided for by Part 3 of the commented articles and relevant articles of the Criminal Code.
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