He crime violation sentence it is the breach of the penalty that violates the function of responsibility. There is talk of the convictions of people who have been tried in criminal matters.
The violation of the sentence includes the violation of prison sentences and the measures imposed by the courts. The regulation of these crimes It is found in Book II of the Penal Code.
It is developed in the criminal sphere as crimes against Justice administration and in the violation of the penalty. The articles that expose the imposition of the crime breach sentence will be from 468 to 471 inclusive.
The penal code in consistency with the crime of breach of sentence
Article 468 condemns the fundamental violation, extends to cases of violation of the 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 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 exposes that after obtaining a permit, only disciplinary action will result.
The elements that constitute the execution of the crime violation sentence It is wide and the cases are distinguished. Reference is made to consumption cases, simple attempt, and when it is an inapplicable crime.
The explanation in this situation is that avoiding arrest is not “provide fraud”. In the same way, the escape does not refer to removing the handcuffs to carry out a judicial process.
The measure of probation depends on the reform of Organic Law 5/2010 in article 469. Being violent physically 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 achieved 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. What affects the element of participation where you 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 that are found in the crime breach sentence
The term of basic judgment consists of the non-compliance of 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 to 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 infraction of the penalty, with the exception of a fine or confiscation under the special regime. Substitute detention determines the first, and in the second, the seizure of the assets of the offender responsible.
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 or prisoner using violence or intimidation. This criminal is capable of force the facts or participate in a riot in one of the prisons.
The most serious behavior is the violation of a penalty, you can apply four years in prison. The basic type carries a prison sentence of up to one year or a fine, depending on the violation.
The possibility of breakage is sanctioned to the people who collaborate in eluding the condemned, imprisoned or detained. This act takes place where the criminals are confined or in actions that avoid 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 sanctioned as an aggravated case. The individual who uses violence or uses a bribe 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 as it is an increased favor that results in a higher penalty.
When taking place the crime violation sentence It is considered the conduct carried out by authority or employee. The penalty is expected to be applied 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 the disqualification, which can reach 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 breach of sentence
When an individual collaborates in the escape of a convicted person, he will be penalized 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 against people or corruption. Before the action of committing the crime, the same penalty will be imposed on the detainee.
It is understood in cases of aggravated felony or penalty violation. With a manifest penalty of imprisonment from six months to four years.
If the person who favors the flight is one of the relatives established in article 454, the sanction will be lower. In these cases, a pecuniary penalty, where the judge imposes the sanctions corresponding to the damage caused.
It will be sanctioned with a penalty of three to six months taking into account the threat or violence exerted 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 officers.
These officials will also be penalized with the penalty of disqualification extraordinary for work or for public office. Each aspect corresponds to what is stipulated in article 470 of the Penal Code
The highest degree penalty will be imposed, in the respective cases, as stipulated in the previous article. The official will also be sanctioned with the penalty of extraordinary confiscation from work or public office for six to ten years.
