Movies often portray prison escapes as daring acts that lead to even harsher punishment.
But it's been said that some countries' legal systems have long treated the act of escape differently.
Are there countries that do not consider prison break a crime?
VERDICT:
TRUE
Breaking out of prison is almost always a crime that carries additional punishment.
However, in some countries, the act of escaping itself is not considered a separate criminal offence.
In Germany, prisoners who escape without using violence, damaging property or committing another crime generally cannot be charged simply for escaping.
Instead, they are returned to prison to continue serving their original sentence.
This unusual legal principle stems from a long-standing view in German law that the desire for freedom is a basic human instinct.
The principle dates back to the 19th century and is linked to Germany's Basic Law, which states that "the freedom of a person is inviolable".
Because the "urge to be free" is considered part of human nature, lawmakers argue that merely trying to regain one's freedom is not morally blameworthy enough to warrant a separate criminal charge.
While imprisonment itself is lawful, German law does not specifically criminalise a prisoner's self-directed escape.
However, this does not mean prisoners are free to walk away without consequences.
Escapees are still hunted down, returned to custody and may face stricter prison conditions.
Any crimes committed during the escape — such as assaulting guards, damaging property or stealing a vehicle — remain fully punishable.
Germany is also not alone. A handful of other countries have similar legal traditions that distinguish the act of escaping from crimes committed while doing so.
Countries such as Mexico, Austria, Switzerland, the Netherlands, Belgium or Switzerland also decriminalise non-violent walkaway escapes.
In short, freedom may call, but the authorities are likely to call back.
Reference:
https://ouclf.law.ox.ac.uk/
https://papers.ssrn.com/sol3/
https://medium.com/
