Criminal Law › The Revised Penal Code – Book One › Extinction of Criminal Liability › Total Extinction

b. Service of Sentence

Art. 157. Evasion of Service of Sentence

Any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person

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Elements:

  • That the offender is a convict by final judgment;
  • That he is serving his sentence which consists in deprivation of liberty (destierro included); and
  • That he evades the service of his sentence by escaping during the term of his sentence

Art. 158. Evasion of Service of Sentence on the Occasion of Disorders, Conflagrations, Earthquakes, or Other Calamities

A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated

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Elements:

  • Offender is convict by final judgment confined in a penal institution;.
  • There is a disorder resulting from conflagration, earthquake, explosion, similar catastrophes, or a mutiny in which the offender did not participate;
  • The offender subsequently evades the service of his sentence by leaving the penal institution; and
  • Offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.