Prison break: A criminal act or disciplinary offense?

Abstract

Currently, in the Republic of Serbia, prison sentence can be served in the penitentiary institution or in the premises where the convicted person resides. If the sentence is served in the penitentiary institution, this means that the convicted person has been separated from the community in which he was and that he is placed in an artificial environment for a certain period of time. It is logical that a convicted person has the desire to move from that artificial community and return to a natural community, and for this there are two ways. The first is a lawful way, such as the expiration of a sentence, by conditional release or cessation of the sentence. The other way is illegal, which is, first of all, escaping from the penitentiary institution. The object of the author's attention is the break from the penitentiary institution, which can be qualified as a criminal act or a disciplinary offense. In addition, the author also points to the disciplinary offense of removal from the institution, which is similar to a prison break. The paper also points to the procedure in case of escape from the institution, as well as the consequences of escape to the convicted person.

Keywords

• penitentiary institution
• break
• removal
• criminal act
• disciplinary offense