Article 157-Evasion of Service of Sentence

Question 1

What are the 3 kinds of evasion of service of the sentence?

Answer 1

1. Evasion of service of sentence by escaping during the term of his sentence
2. Evasion of service of sentence on the occasion of disorders
3. Other cases of evasion of service of sentence

Question 2

What are the elements of evasion of service of sentence?

Answer 2

1. That the offender is a convict by final judgment
2. That he is serving his sentence which consists in deprivation of liberty.
3. That he evades the service of his sentence by escaping during the the term of his sentence

Question 3

Are detention prisoners and delinquents liable under 157?

Answer 3

No. They are not convicted by final judgment.

Question 4

Is 157 applicable to sentence by deportation?

Answer 4

No. 2nd element states that the sentence must consists in deprivation liberty which is not present in deportation.

Question 5

Define “escape”.

Answer 5

Escape is the unlawful departure of prisoner from the limits of his custody.

Question 6

Is 157 applicable to destierro?

Answer 6

Yes. Destierro is deprivation of liberty, though partial, in the sense that, the person is deprived of liberty to enter a certain place.

Question 7

What are the circumstances qualifying the offense?

Answer 7

1. By means of unlawful entry or scaling (escalamiento)
2. By breaking doors, windows, gates, walls, roofs, or floors
3. By using picklocks, false keys, disguise, deceit, violence of intimidation
4. Through connivance with other convicts or employees of the penal institution