Collection of judgments on the crime of escaping from custody in Vietnam

Hello, Lawnet would like to answer as follows:

1. What is escaping from custody? How to handle these cases?

Escaping from custody is the act of fleeing from someone who is being temporarily detained, temporarily detained, escorted, tried, or serving a prison sentence.

How to handle these cases?

According to Article 386 of the Criminal Code 2015, the form of punishment is as follows:

- Anyone who escapes while being temporarily detained, temporarily detained, escorted, tried, or serving a prison sentence shall be sentenced to imprisonment for 6 - 36 months.

- If the crime belongs to one of the following cases, it shall be sentenced to imprisonment from 3 years to 10 years:

+ Organized

+ Using force against the guard or the escort.

In addition, anyone who does not promise in advance to hide someone who is being temporarily detained, temporarily detained, escorted, tried, or serving a prison sentence who escapes if not in the case provided for in Clause 2 of Article 18 of the Criminal Code 2015, shall be sentenced to 3 years of community sentence or imprisonment for 6 - 50 months. (According to Point K Clause 1 Article 389 of the Criminal Code 2015, amended in 2017)

Therefore, anyone who escapes from custody may be sentenced to imprisonment for 6 - 120 months. Anyone who conceals may also be sentenced to 3 years of community sentence or imprisonment for 6 - 50 months."

2. Some judgments on the crime of escaping from custody in Vietnam

Judgment on the crime of escaping from custody No. 03/2022/HS-ST

- Level of trial: First instance

- Court of trial: People's Court of Nha Trang City, Khanh Hoa Province

- Content excerpt: "The defendant Mai The Ch was temporarily detained at the Nha Trang City Police Temporary Detention Center for the crime of "Theft of property". On February 17, 2021, Mai The Ch had symptoms of illness and was taken to Khanh Hoa Provincial General Hospital for treatment, with police officers guarding. At dawn on March 11, 2021, Mai The Ch took advantage of the carelessness of the police officer to remove the handcuffs and escape from the hospital. At 7 pm on the same day, Mai The Ch was arrested at commune S, district D, Khanh Hoa province. The People's Procuracy of Nha Trang City has indicted Mai The Ch for the crime of "Escaping from custody".

Judgment on the crime of escaping from custody No. 97/2021/HS-ST

- Level of trial: First instance

- Court of trial: People's Court of Xuan Lộc District, Dong Nai Province

- Content excerpt: "The defendants Phạm Ngọc T1, Hoang Tang Thien P1, Nguyen Thanh B1, and Nguyen Van U were temporarily detained at the Xuan Loc District Police Temporary Detention Center. During the period of temporary detention, P1 invited T1 to escape from the place of detention by breaking the ventilation grille on the ceiling of the detention room. Then, B1 discovered it and asked to join. On the evening of March 7, 2020, the defendants took advantage of the carelessness of the police officers to use iron rods and water bottles to break the ventilation grille. By 9:30 p.m. on the same day, a small hole was broken. U participated in guiding the expansion of the hole. At 10:00 p.m. on the same day, T1 crawled through the hole to escape. P1 also successfully escaped. T1 then found tools to come back to help P1 and B1, but B1 had given up the intention to escape, so T1 also ran away alone. The next morning, the police discovered that P1 and T1 had escaped. The People's Procuracy indicted P1 for the crime of "Escaping from custody."

Judgment on the crime of escaping from custody No. 55/2021/HS-ST

- Level of trial: First instance

- Court of trial: People's Court of N District, Dong Nai Province

- Content excerpt: "On November 16, 2020, the suspects Quach Van H and Le Hong S were being temporarily detained at the N District Police Temporary Detention Center. At 2:30 p.m. on the same day, H requested a medical examination, so medical officer Nguyen Manh H1 entered cell A6 for the examination. At this time, S requested to get to the trash can and suddenly ran away from the cell. Officer H1 and soldier Phan Kim T4 chased and subdued S when S climbed up the guard post to escape outside. The incident was reported to the command and transferred to the Investigation Team of the N District Police for handling. The People's Procuracy indicted the defendant Le Hong S for the crime of "Escaping from custody."

Judgment 01/2021/HS-ST dated January 5, 2021, on the crime of escaping from custody

- Level of trial: First instance

- Court of trial: People's Court of Tan Hong District, Dong Thap Province

- Content excerpt: "On November 17, 2020, the defendant Vo Thanh Đ, who was being temporarily detained at the Tan Hong DistrictPolice Temporary Detention Center, was taken out for labor. Taking advantage of the carelessness, Đ ran away. The officers and soldiers discovered and chased him, but they could not catch him. At 8:00 p.m. on the same day, Mrs. Bui ThịiH (Đ's aunt) persuaded Đ to turn himself in at the Temporary Detention Center. The seized items included the clothes that Đ was wearing before he escaped. During the investigation, Đ admitted to the crime and expressed remorse. The People's Procuracy indicted Đ for the crime of "Escaping from custody." At the trial, Đ admitted to the crime."

Judgment No. 07/2020/HSST dated May 6, 2020, on the crime of escaping from custody

- Level of trial: First instance

- Court of trial: People's Court of Đ District, Phu Yen Province

- Content excerpt: "On January 27, 2020, at 1:00 p.m., the defendant Tran Duy A, who was being held in pre-trial detention at the Đ District Police Temporary Detention Center, Phu Yen Province for the crime of robbery, took advantage of the moment when officer Mang F closed the cell door to kick the door open and run away. When he ran out to the fence, he was caught by the Đ District Police officers. The People's Procuracy of Đ District indicted the defendant Trần Duy A for the crime of "Escaping from custody."

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