Conniving With Or Consenting To Evasion


ART.223

ELEMENTS:
1. That the offender is a public officer (on duty);
2. That he is charged with the conveyance or custody of a
   prisoner, either detention prisoner or prisoner by final
   judgment;
3. That such prisoner escaped from his custody; and
4. That he was in connivance with the prisoner in the latter’s
   escape.

DETENTION PRISONER - A person becomes a detention prisoner from
the moment he is booked. This refers to the accomplishment of
the booking sheet and made to fill a form (sic) where he is finger
printed. From that time on, he is already a detention prisoner
even if he is not yet incarcerated.

The release of a detention prisoner who could not be delivered to
judicial authorities within the time fixed by law is not infidelity
in the custody of a prisoner. Neither is mere leniency or laxity
in the performance of duty constitutes of infidelity.

There is real and actual evasion of service of sentence when the
custodian permits the prisoner to obtain a relaxation of his
imprisonment.

Classes of prisoners involved
1. Those who have been sentenced by final judgment to any penalty;
2. Detention prisoners who are temporarily held in custody for any
   crime or violation of law or municipal ordinance.

This includes allowing prisoners to sleep and eat in the officer’s
house or utilizes the prisoner’s services for domestic chores.

The release of a detention prisoner who could not be delivered to
judicial authorities within the time fixed by law is not infidelity
in the custody of a prisoner.

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