Evasion Of Service Of Sentence

ART.157.

ELEMENTS:
1. That the offender is a convict by final judgment;
2. That he is serving his sentence which consists in deprivation of liberty (destierro
    included); and
3. That he evades the service of his sentence by escaping during the term of his sentence.

NOTES:

This is a continuing offense.

This article does not apply to minor delinquents, detention prisoners, or deportees.

If the offender escaped within the 15-day appeal period, crime is not evasion
because judgment is not yet final.

Circumstances qualifying the offense:
Evasion of Sentence was done through:
   - unlawful entry (by “scaling”);
   - breaking doors, windows, gates, walls, roofs or floors;
   - using pick locks, false keys, disguise, deceit, violence or intimidation; or
   - connivance with other convicts or employees of the penal institution.

Evasion of service of sentence has three forms:
(1)By simply leaving or escaping from the penal establishment under Article 157;
(2)Failure to return within 48 hours after having left the penal establishment
    because of a calamity, conflagration or mutiny and such calamity, conflagration or
    mutiny has been announced as already passed under Article 158;
(3)Violating the condition of conditional pardon under Article 159.

In leaving or escaping from jail or prison, that the prisoner immediately returned is immaterial. It may be mitigating, but it will not absolve his criminal liability.

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