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Comment by zepearl | Hacker News Reader

> In Iceland, it is not a crime to stage a prison break: The law recognizes that inmates, like all human beings, are naturally entitled to freedom, and thus cannot be punished for seeking it.

Funny :)

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The same is true in Germany. You'll probably break a few laws while breaking out of a prison, but the act itself is not punishable and will not yield you more time.

Damn, you're right (I didn't want to believe you, so I checked) - or at least Wikipedia states the same thing:

> In Deutschland und Österreich beispielsweise ist die Flucht als solche straffrei.

"For example in Germany and Austria the escape itself is exempt from punishment"

Thx

What's the economic result? Any relative increase in attempts since there's no incentive not to?

The sample size is so low you can't get any meaningful results. And use of violence against a guard or breaking prison materials is still illegal (since it's illegal to use violence against anyone and/or to destroy property). But if the door is left open and you walk out without harming anyone, that in itself is not illegal.

So how does this work in the case of initial arrest? Or a fugitive thats not necessarily am escapee? There's no incentive to surrender?

> Or a fugitive thats not necessarily am escapee?

I'd guess that that person, not being at that point of time a "detainee", would get the outcome of the other laws related to "resisting arrest" or something similar (like when police wants to do a check on you and/or your vehicle, etc... and you run off).

This has been legal doctrine in Germany for over a century.

I read it's three to ten in the US but I saw a show where it's up to fifteen. As for the machines, I know someone who mines on a much smaller scale but still has a lot of security precautions, it's a tough business.

Sorry, what's "three to ten" and "fifteen"?

I apologize. Years.

Thx!

So if I try to escape from the prison in the US, without harming anybody and without damaging anything I still get additionally 3 to 10 years??

I was surprised to hear that such an attempt was ok in Europe in general, but this goes in my opinion in the exact opposite direction => I can definitely imagine anybody that tries to escape taking extreme measures to try not to get caught to avoid the repercussions.

You can easily look at up to 15 years. And there's a thing called MMS, mandatory minimum sentencing, which means REGARDLESS of evidence, the Judge's opinion or the facts, if you are convicted guilty of a charge, you MUST receive a minimum sentence and no less, which tend to be very strict. Drug charges, particularly dealing fall under this category.

This seems strangely worded even if true. If they are entitled to said freedom, does that not preclude even building the prison?

Entitled but not guaranteed. You can be punished with jail time for breaking the law, but can’t be further punished for trying to escape.

Same in germany

And Mexico

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