He crime violation sentence It is the failure to comply with the sentence that violates the function of responsibility. It talks about the convictions that people who have been tried in criminal matters have.
The violation of the sentence includes the breach of prison sentences and the measures imposed by the courts. The regulation of these crimes is found in Book II of the Penal Code.
It develops in the criminal field as crimes against Justice administration and in the violation of the sentence. The articles that expose the imposition of the crime of breach of sentence will be from 468 to 471 inclusive.
The penal code in consistency with the crime of breach of sentence
Article 468 condemns fundamental violation, extends to cases of violation of measures precautionary.
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For the application of the law it is necessary to understand that the active subject will be the person deprived of liberty. This involves the police or prison staff, or even the judiciary, who will lead the action.
The subjective element is a eminently fraudulent crime which requires that the prohibited action be carried out intentionally. This states that after obtaining a permit, it will only result in disciplinary action.
The elements that constitute the execution of the crime violation sentence It is broad and the cases are distinguished. Reference is made to cases of consumption, simple attempt, and when it is an inapplicable crime.
The explanation in this situation is that avoiding arrest is not “provide fraud”. Likewise, escape does not refer to removing handcuffs to carry out a judicial process.
The conditional release measure depends on the reform of Organic Law 5/2010 in article 469. Being physically violent or applied to things is in article 470 of the penal code.
In cases where the persecution is successful, it is necessary to distinguish according to the degree of modification of the previous situation. A little chase that achieves capture the fugitive It is understood as an attempt.
When it is possible to outwit the persecutors and even for a short time, freedom has been totally eliminated, there is completed rape. Which affects the element of participation where one can cooperate in an essential way, by paternity or by accidental complicity.
The specialty of crime violation sentence is that it is defined as the act of promoting rape. Any type of action is included, of greater or lesser importance, only if it is aimed at seeking the violation.
The manifestations found in the crime of violation of sentence
The term basic ruling consists of non-compliance with a firm or precautionary judicial measure. This will be relative to the imprisonment, security measure or any of the so-called taxable prohibitions.
The matter of domestic violence, residence, approach and communication with the victim, are part of the crime violation sentence. The judge is the one who will determine the limits of the sentence, according to the context of the case.
He crime violation sentence includes any violation of the penalty, with the exception of a fine or confiscation under a special regime. Substitutionary detention determines the first, and in the second, the seizure of the assets of the responsible offender.
The development of crime violation sentence includes violation of a measure imposed by a juvenile court. These cases will be when the minor has already reached the age of majority as stipulated in sentence 662/2019.
Violent breaking refers to the escape of a convicted person or prisoner using violence or intimidation. This criminal is capable of force the facts or participate in a riot in one of the penitentiary centers.
The most serious conduct is the violation of a sentence, which can apply four years in prison. The basic type has a prison sentence of up to one year or a fine, depending on the violation.
The possibility of breaking is sanctioned to people who collaborate in evading the convicted, imprisoned or detained. This act takes place where the criminals are confined or in actions that prevent the fulfillment of the sentence.
Modalities that are raised in the crime of breach of sentence
In it crime violation sentence Violent favoritism is applied, which is punished as an aggravated circumstance. The individual who uses violence or bribes to free a person deprived of liberty is punished.
The use of bribes is more accessible to third parties than to the detainee or prisoner himself and in a special case. It is not a violent action, but it is included since it is an increased favor that results in a greater penalty.
When the crime violation sentence It is considered the conduct carried out by an authority or employee. It is planned to apply the penalty to a greater degree to the public official responsible for the conduct or custody of the convicted person.
The main penalty is complemented by the imposition of disqualification, which can last up to 10 years. In the other cases raised, a sentence of up to 6 years can be applied, including the elements of sanction.
Favoring third parties in the crime of breaking a sentence
When an individual collaborates in the escape of a convicted person, he or she will be punished under article 470. The penalty to be imposed is the same as that of the crime of rape committed by the prisoner himself.
It is considered when the person who favors evasion uses violence or intimidation of people or corruption. In the event of committing the crime, the same penalty will be imposed on the detainee.
It is understood in cases of aggravated crime or violation of the sentence. With a clear penalty of imprisonment of six months to four years.
If the person who favors the escape is one of the family members established in article 454, the penalty will be less. In these cases, a financial penalty, where the judge imposes the sanctions corresponding to the damage caused.
It will be punished with a sentence of three to six months taking into account the threat or violence exercised in the case.
If the author of the leak is a civil servant The maximum penalty will be imposed in the respective cases. The victims are usually police or prison officials.
These officials will also be sanctioned with disqualification penalty extraordinary for work or public office. Each aspect corresponds to what is stipulated in article 470 of the Penal Code
The highest penalty will be imposed, in the respective cases, as stipulated in the previous article. The official will also be punished with the penalty of extraordinary confiscation from work or public office for six to ten years.