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Evasion Of Service Of Sentence On The Occasion Of Disorder, Conflagrations, Earthquakes, Or Other Calamities

ART.158.

ELEMENTS:
1. That the offender is a convict by final judgment who is confined in a penal
    institution.
2. That there is disorder, resulting from:
    a. conflagration,
    b. earthquake,
    c. explosion,
    d. similar catastrophe, or
   e. mutiny in which he has not participated;
3. That the offender evades the service of his sentence by leaving the penal institution
    where he is confined, on the occasion of such disorder or during the mutiny; and
4. That the offender fails to give himself up to the authorities within 48 hours following
    the issuance of a proclamation by the Chief Executive announcing the passing
    away of such calamity.

NOTES:

Penalty of commission of this felony is an increase by 1/5 of the time remaining to
be served under the original sentence, in no case to exceed 6 months.

The special allowance for loyalty (i.e. deduction of sentence) authorized by
Articles 98 and 158(2nd paragraph) refers to those convicts, who having evaded the
service of their sentences by leaving the penal institution, give themselves up within 48 hours.

A mutiny is an organized unlawful resistance to a superior officer, a sedition, or a revolt.
Disarming the guards is not mutiny.

The leaving from the penal establishment is not the basis of criminal liability. It is the failure to return within 48 hours after the passing of the calamity, conflagration
or mutiny had been announced.

Under Article 158, those who return within 48 hours are given credit or
deduction from the remaining period of their sentence equivalent to 1/5 of
the original term of the sentence.

If the prisoner fails to return within said 48 hours, an added penalty, also
1/5, shall be imposed but the 1/5 penalty is based on the remaining
period of the sentence, not on the original sentence. In no case shall
that penalty exceed six months.

Mutiny is one of the causes which may authorize a convict serving sentence
in the penitentiary to leave the jail provided he has not taken part in the mutiny.

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Bigwas

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