Escaping from prison is not punishable. What is punishable is assisting a prisoner in this escape. In a legal sense, the liberation of a prisoner involves freeing or aiding in the liberation of someone deprived of liberty by public authority or by virtue of a court order or decree. In principle, liberation of a prisoner is punishable by imprisonment for a term not exceeding four years or a fine of the fourth category (€25,750).
An example of the crime described in Article 191 of the Penal Code could be as follows: Suppose a person named Peter is in a prison because he has been convicted of drug trafficking. His brother, Mark, decides to free him. Mark plans and executes an escape operation in which he enlists a group of accomplices. They break into the prison, disable security, and help Peter escape. They make sure Peter is brought safely out of the prison and then hide him in a safe location.
Incidentally, a person can also be prosecuted for the disposal of evidence. This is a separate offence laid down in Article 200 Sr.
What does the article of law say regarding freeing a prisoner?
The law article that criminalizes making a false report or complaint, Article 191 Penal Code, reads as follows:
'He who intentionally deprives someone, on public authority or pursuant to a court order or decree of freedom, frees or assists in his self-liberation shall be punished by imprisonment for a term not exceeding four years or a fine of the fourth category.'
What punishments can be imposed when a prisoner is freed?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers will ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for freeing a prisoner is four years. However, the maximum prison sentence is by no means always imposed.
A lawyer from Kötter, L'Homme & Plasman Attorneys at Law can play an important role when a prisoner is suspected of being freed. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case acquittal should follow. Sometimes it happens that a defendant has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is an attempt to free a prisoner punishable?
An attempt to free a prisoner may also be punishable. It follows from Article 45 Criminal Code that an attempt to commit a crime is punishable, but there must have been a beginning of execution of the crime. The answer to whether there was a beginning of execution depends on the facts and circumstances of the case. Case law shows that what is important here is how close a defendant's conduct is to the completion of an intended crime.
In addition, a person must have actually intended to free a prisoner. In criminal law, this is also called (conditional) intent. (Conditional) intent exists if a defendant has knowingly accepted the substantial probability that the consequence mentioned in the penalty provision will occur.
An attempt to free a prisoner carries a lower maximum prison sentence than a completed prisoner's release. This is because the maximum prison sentence for an attempt is reduced by 1/3 of the maximum prison sentence for the completed offense.
Exoneration for (attempted) release of a prisoner?
With regularity, defendants are acquitted of this crime, often because the evidence does not meet the requirements for a conviction.
An example is shown below. In this case, the judge acquitted the defendant because there had not yet been a beginning of execution, which is essential for a conviction. This means that the defendant had not yet taken concrete steps toward the execution of the offense, which is required to achieve a criminal conviction. Without this beginning of execution, the necessary legal basis for a conviction is missing, leading to acquittal of the defendant.
Need a lawyer because of (attempted) release of a prisoner?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of freeing a prisoner. Our attorneys will discuss the criminal case with you and together with you determine a strategy that will achieve the success you desire. However, it is good for you to know that our attorneys do not sugarcoat your case; we provide sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
