Why Isn’t Escaping from Prison a Crime in Germany?

While it is possible to escape from prison with a well-thought-out escape plan, of course, there are some conditions for this. In practice, with these conditions, it is also possible to escape without additional punishment. Doesn’t seem very likely.

The gap between the underlying policy of decriminalization and the protection of society in the thin line This law brings with it contradictions. What are the subtleties of the article “Escape from prison is not a crime”, which has shaken the collective consciousness of society in an area where justice should be questioned?

What is the underlying reason why German criminal law does not consider escaping from prison a crime, even though it seems absurd?

German criminal law, “society and individuals must be protected as a whole” A legal system built on the idea of In this legal system, which remains largely unchanged, escaping from prison is not considered a crime.

Because it is something that every human being, even the law, must respect. freedom instinct has. That’s why escaping from prison, that is, wanting to gain freedom, is not punishable.

The importance given to freedom in Germany Philosopher Immanuel Kant It also coincides with his perspective on humanity. Kant; the true basis of human dignity and freedom, distinguishing humans from animals, act based on reason He thought he had talent. With this philosophy, German criminal law accepts that everyone fundamentally wants to be free and can act with this desire.

Although it is possible in theory, in practice it is a little difficult to escape from prison and not be punished for it. Because there are some conditions that must be followed in order to avoid being penalized.

Although according to German law, people are given the option of escaping from prison if they do not accept their conviction, it is not actually that easy. Yes, escaping prison does not impose any additional penalties on your existing sentences, but additional penalty There are some situations where they can get it.

Prisoners escaping from prison He shouldn’t help anyone else escape either. If they cause injury to someone else during the escape, they receive additional punishment.

There are also some restrictions. before you run away at least two thirds of the sentence He must have pulled it. Those who have been wrongfully convicted are not subject to this rule. In addition, only per year three escape rights is available.

How should it be escaped in practice?

Those who want to escape from prison need to be careful about the clothes they wear. If they escape in prison uniforms, that’s a crime of theft is accepted. While escaping to avoid being punished for theft plain clothes It is necessary to wear it.

Cutting iron bars or tunneling Some of the situations where punishment will be given are: Additional penalties are imposed for damaging state property. You should not attack any official while escaping.

So in practice, in order to escape, the prison authorities either have to leave all the doors open or actually genius idea This usually happens in movies.

Things aren’t that easy when you’re back in prison.

Those who do not violate the rules while escaping have to bear some consequences even if they do not receive additional punishment when they are caught and returned to prison. Escaped people in prisons stricter conditions waiting. From other inmates fewer visiting rights and isolation are some of the sanctions. Also, fugitives early release The chances of their chances are also decreasing.

Of course, in order for these additional penalties to be imposed, those who escape must be caught. There are special teams to ensure that fugitives do not cause any harm and are caught quickly. Additional expenses during the capture process, such as medical care, attorney fees and travel expenses, are also covered by the fugitive. This rule can be a deterrent for some. Well like Michael Scofield Not being caught afterwards is as important as managing to escape.

There are other countries that do not criminalize running away.

Although there is a penalty for escaping from prison in many countries such as Türkiye and the USA, it is not a crime like Germany. in Austria, Belgium, Mexico, the Netherlands and Sweden There is no penalty for running away.

Countries that do not recognize it as a crime do not actually subject the right to freedom and the right to seek freedom to the same laws and accept them separately. For example, one of the justices of the Mexican Supreme Court says: Hidden within every human being is the fundamental desire for freedom. Therefore, trying to escape cannot be considered a crime.

Even though it is not a crime, the fact that fugitives pose a significant threat to the public is one of the issues that many people react to. In addition, it is given to the government by someone who crosses state or country borders. Not to mention the financial burden.