Are jail breaks punishable?
Many of these questions have already been asked. Lawyer Greithaner explains the criminal issues.
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The Prison Plotzensee (Berlin) has been in the press several times in recent weeks. Several inmates managed to climb the seemingly "insurmountable" prison walls with astonishing ease and to pave the way to freedom.
But have they made themselves punishable and with what consequences do they have to expect?
To anticipate the answer: No, a jailbreak in itself does not constitute a punishable offense and thus can not be sanctioned. Already the end of the 19. In the 20th century, the legislatures of the German Empire agreed that "self-liberation" should not be punished. This view is still valid today: while prisoners have no right to liberty because they have just been deprived of this right, the detainee can not be deprived of the "natural urge for freedom" so that no one can be punished again because of an outbreak.
Contrary to the obvious assumption that they are threatened with massive prison extensions, the prisoners therefore have no fears to fear.
The large "But"
Even if the outbreak itself is not punishable, the outbreak will usually not be accomplished without further crimes, especially since the prison doors are not open in Berlin. Therefore, an outbreak is often accompanied by other "accompanying dates", like the Property damage (§ 303 StGB) or the Personal injury (§ 223 StGB), But also Bribery (§ 334 StGB), Threat (§ 239 StGB) or even the Hostage taking (§ 239b StGB), These acts are of course punishable and will also be punished, so that it also comes with an extension of the anyway abzusitzenden prison sentence.
The helpful third party?
If a particular behavior is not punishable, the assistance to this behavior can not be punished. This means that no one can be prosecuted for "assistance to the prison outbreak". However, since the legislature does not want to penalize only the individual 's desire for freedom, the StGB § 120 created a corresponding offense for escape aids, the so-called offense of the prisoner's liberation. Thus, the person who liberates a prisoner, leads him to escape or promotes it, punished with imprisonment up to three years or a fine.
The punishment foiling
In addition, the question arises as to whether an acquaintance or even a relative makes himself liable for punishment if he shelters the fugitive outside the prison walls or if he helps in his further escape.
According to § 258 Abs.1 StGB makes itself punishable, who deliberately or knowingly completely or partially defeats that another is penalized according to the penal code because of an illegal act. Classic actions here can be providing a getaway vehicle, or organizing submersion abroad. At the same time, however, it should be emphasized that, for example, supplying the fugitive with food is not yet sufficient to fulfill the facts.
Of crucial importance is the Paragraph 6 of § 258 StGB, According to this, the person who commits the act (denial of punishment) in favor of a relative (eg relatives, relatives, partners) remains impunity. However, this actually only applies to the denial of punishment. So if help is provided for other crimes in the escape, makes the helpful dependents liable to prosecution.
Should you have questions about this topic? Criminal Law so please do not hesitate to contact us. Our Lawyer Alexander Greithaner specializes in the field of criminal law and will also help you.
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