He breach of sentence It is a crime that attacks the function of the jurisdiction to carry out the trial in the criminal sphere.
Through this punitive measure, prison sentences will be violated, security measures and the precautions required by the authorities involved in the criminal process.
In this article we will leave you with all the information pertinent to the breach of sentence, read until the end.
What is defined as breach of sentence?
He breach of sentence It is a crime sanctioned by the laws that violates the functions in the criminal and jurisdictional field of doing what is judged.
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Non-compliance includes failure to comply with prison sentences, security measures and precautions imposed by criminal courts.
The violation of the sentence will be serious when the convicted or detained person escapes from custody in the following cases:
If they are using violence or intimidating people, if they use force in everything and when they participate in a riot.
Where is the crime of breach of sentence regulated?
The execution of sentences is a crime classified in article (20) of the Penal Code (Crimes against the State), Chapter Eight (Execution of Sentences), Articles 468 to 471.
More precisely, the basic type is taken from the Principle No. 468:
1- Any person who contravenes a sentence, security measure, prison, precautionary measure, conduct or detention, will be punished with imprisonment of six months to one year and a fine of twelve to twenty-four months. In all other cases.
2. In any case, whoever violates a penalty provided for in article 48 of this Law or a precautionary or security measure of the same capacity will be punished with imprisonment of six months to one year.
The framework of criminal proceedings to the extent that the offender is one of the persons mentioned in the article 173.2, as well as offenders under surveillance.
3. People who turn off or disturb the normal operation of the technical equipment arranged to control compliance with sanctions, security measures or precautions.
They do not implement them or ignore the necessary measures to maintain a good state of operation, they will be subject to a sanction of six to twelve months.
Could the penalty be further aggravated for violating a sentence?
It is expected that the penalty for a crime of these characteristics can be increased if the object breaks the belief that it acted with violence or threat. Having said this in article 469 of the Penal Code:
Those convicted or prisoners who flee where they take place, use violence or threaten people or strongholds around or participate in a mutiny, will be punished with a prison sentence of six months four years.
This is found contemplated in Article 469 of the Penal Code.
In addition, the sentence will be greater than the mass officials who will help break the conviction of the investigation on the question. This appears from article 471 of the Penal Code:
The main sentence will apply, in its respective issues, if the culprit is a public official responsible for the behavior carried out or the child's right to be sentenced, a prisoner or prisoner.
Officials will also be punished with a special penalty for public jobs or offices of six to ten years if the broker is convicted of an enforceable type,
And special employment or public offices from three to six years in other cases.
What happens when an individual facilitates the violation of the sentence?
According to him article 470 of the Penal Code, when a person works to help the investigator to abolish the sentence, they will be punished as follows:
1. Be sentenced to prison from six months to one year, from twelve months to twenty-four months.
2. Yes for this purpose violence is used, intimidation of people, force or corruption, the penalty will be imprisonment from six months to four years.
3. If any of the people mentioned in article 454, they will be punished with a fine of three to six months, in which case the judge or court may only dictate the penalties corresponding to the damage caused, threat or violence.