Release of prisoners

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The release of prisoners means that a person who has been legally detained is free again. This can only be done with the cooperation of third parties.

While under the earlier law, e.g. B. Roman law , the self- evacuation was punishable , so it later came to the conviction that the natural urge of man for freedom should not be punishable and let this offense unpunished. However, the involvement of third parties has remained a criminal offense, with a distinction being made between three cases:

  • the mutiny
  • the deliberate release of the prisoner (s) from custody or from the force of state power, e.g. B. a guard or escort
  • Officials who willfully allow a prisoner to escape

Liberating prisoners is an offense in Germany under Section 120 of the Criminal Code .

Prisoner is any sovereign and lawfully detained person so arrested (also due to § 127 para. 1 StPO ), in custody taken, arrestees and prisoners as well as prisoners .

Liberation can be achieved through physical violence, e.g. B. Tearing away the prisoner or prisoners, removing the shackles or attacks against the prison staff. If the release from a prison takes place ( prison escape ), the prisoner is released e.g. B. by providing aids such as ladders, tools, mobile phones and. Ä. Or by distraction or hostage-taking .

Only the liberation of prisoners by others is punishable, the self-liberation of prisoners is unpunished (provided that no further offenses such as bodily harm, damage to property etc. are committed). Therefore, escaped prisoners who have been recaptured are only serving their remaining sentences. In addition, prisoners cannot make themselves punishable under Section 120 of the Criminal Code for inciting a third party .

Since a third party who incites a prisoner to free himself or herself is not liable to prosecution according to § 26 , § 120 of the Criminal Code, since there is no main offense capable of participating, this variant is included in the offense form of enticing or promoting. The “instigator” is therefore liable to prosecution according to § 120 StGB, even if the prisoner breaks out himself.

Typically, the act is in coincidence with assault and resisting law enforcement officers committed, for example, in trying eleven extreme right, on 9 October 2016, the guard of the Federal Police at the main railway station in Magdeburg to storm after another right-wing extremists had been taken into custody.

See also

Individual evidence

  1. ↑ Right-wing attack guards of the federal police. In: MDR. October 9, 2016, archived from the original on October 9, 2016 ; accessed on October 10, 2016 .