Article 156-Delivering Prisoners from Jail

Question 1

What are the elements of 156?

Answer 1

1. That there is a person confined in a jail or penal establishment
2. That the offender removes therefrom such person, or helps the escape of such person

Question 2

What kind of prisoner is contemplated in this article?

Answer 2

Both detention prisoner and prisoner by final judgment

Question 3

Who may be charged of 156?

Answer 3

1. An outsider

2. An employee of the penal establishment who does not have custody of the prisoner

Question 4

What is the offense if the offender has custody of the prisoner?

Answer 4

He is liable for infidelity in the custody of a prisoner under 223

Question 5

What qualifies the crime?

Answer 5

Employing (1) violence, (2) intimidation and (3) bribery as a means of removing the prisoner from jail

Question 6

Is deceit an element of the offense?

Answer 6

No.

Question 7

What is the liability of the person who takes the place of a prisoner guilty of treason, murder or parricide?

Answer 7

The act of taking the place of the prisoner is that of an accessory and he may be held liable as such

Question 8

What is the liability of the detention prisoner who escapes?

Answer 8

Such detention prisoner is not criminally liable. A prisoner is only liable for leaving the penal institution only when there is evasion of service of sentence which can be committed only by a convict by final judgment.

A detention prisoner has no sentence yet so there is no evasion of sentence in this case.