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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: Ministry of Justice of Turkey General Directorate of Prisons and Detention Houses would like to improve its precautions and sanctions about escapes from prisons, and they are writing a report about it. For this reason, the General Directorate would like to know how other European countries are dealing with the problem detainees escaping prisons, and what are the best practices. Therefore, they kindly ask you to answer the questions related to the topic detailed above.
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No it is not.
If escape is criminalised legally, what is the sanction/punishment?As stated above under question 1., escape is not criminalized. There is no sanctions/punishment, however, the escape will result in a new risk assessment with the consequence that the inmate will be sent to a prison with a higher level och security and control, and the inmate will not be given permission to go on leave from prison until the risk assessment says otherwise again.
Please summarise in brief the measures taken to prevent escape attempt.It is hard to summarize the measures in question in brief since they are so numerous. It is all between the physical aspects of the matter such as walls, fences, and cameras but is it also about making good risk assessments so that every inmate is put under the right level of security and control. Well trained staff is another big thing.
Yes
If escape is criminalised legally, what is the sanction/punishment?Max 2 years plus unserved portion of original sentence
Please summarise in brief the measures taken to prevent escape attempt.Normal physical security arrangements as expected at any prison
In Latvia escape from prison is considered as a less serious crime. According with Section 7 Part 2 of The Criminal Law, "A criminal violation is an offence for which the deprivation of liberty for a period exceeding fifteen days, but not exceeding three months (temporary deprivation of liberty), or a type of lesser punishment is provided for in this Law". However, according with Section 7 Part 3 of The Criminal Law, "A less serious crime is an intentional offence for which the deprivation of liberty for a period exceeding three months but not exceeding three years is provided for in this Law, as well as an offence which has been committed through negligence and for which the deprivation of liberty for a period not exceeding eight years is provided for in this Law".
If escape is criminalised legally, what is the sanction/punishment?For escape from prison the punishment is deprivation of liberty for a period up to one year, or temporary deprivation of liberty, or community service, or fine. For the same actions – if related to violence or threat of violence against security personnel or other temporary imprisonment or prison officer, or if committed in an organised group – the punishment is deprivation of liberty for a period up to five years or temporary deprivation of liberty, or community service, or fine with probationary supervision for a period up to three years or without it.
Please summarise in brief the measures taken to prevent escape attempt.According with Section 4 of the Latvian Prison Administration internal regulations No.1/12-1.kart signed on 28th February 2007 "Order for monitoring arrested and sentenced persons in imprisonment places", in imprisonment places constant 24h monitoring is provided. Prisoner monitoring is carried out according with "Prison monitoring plan" approved by the Director General of the Latvian Prison Administration (Section 6). "Monitoring plan" is a body of documents, duties, schedules and schematics that regulates the actions of officers during their service duties (Section 7). According with Section 22 Part 4 of the Prisons Administration Law, an official, in performing service tasks, has the following rights and duties to perform an inspection of persons, an examination of personal effects and clothing, to remove objects, articles and substances that are prohibited from being brought into, used and kept in a prison in accordance with the procedures specified by law. According with Section 23 Part 1 Clause 6 of the previously mentioned law, an official has the right to use physical force, special combat methods and special means in a prison, while transferring prisoner to a health care facility outside prison or while providing security to a prisoner in a health care facility outside prison in order to stop an escape attempt of detained or sentenced persons. According with Section 4 of the Latvian Prison Administration internal regulations No.1/12-1/kart. signed on 9th March 2009 "Search order", search can be scheduled and unscheduled. According with Section 5 of the same internal regulations, scheduled search of cells and rooms is carried out according with the schedule approved by the Head of the prison, but no less than two times per month. However, according with Section 6 of the same internal regulations, scheduled search of imprisonment place is carried out according with signed order of the Director General of the Latvian Prison Administration or the Head of the prison, but no less than two times per year. From the mentioned normative acts we can conclude that the administration of imprisonment place has the right and duty to carry out searches of convicted persons, their belongings, as well as the rooms of imprisonment place; and prisoners have the duty to comply with the search. In cases when there is reasonable suspicion that in the room there are objects, belongings, substances or products that are not allowed in imprisonment place, as well as objects that can be used to commit a crime or try to escape, a search can be carried out at any time and it must be carried out immediately to confirm or reject such suspicion. Search is recognized as such procedural action of imprisonment that is inevitable in closed environment, and prisoners, while in imprisonment place, have to take into account that prison administration has extensive authority to carry out cell and room searches and that such searches are a part of security activities. To ensure complete security of prisoners and staff, Latvian Prison Administration and its structural units in accordance with normative acts are allowed to use video monitoring systems to provide detention as a security measure and the deprivation of liberty as the execution of a criminal punishment. In addition, outer perimeter, technical and physical (in armament) security as well as regular checks of security posts are carried out.
Yes. In terms of wording it is the offence according to § 348 par. 2 letter b) of the Act no. 300/2005 Coll. Penal Code as amended committed by anyone who obstructs or substantially impedes the execution of a decision taken by a court or another public authority by escaping the guards, escaping from the pre-trial detention execution or prison sentence execution or by helping in the escape of another.
If escape is criminalised legally, what is the sanction/punishment?The criminal sanction is 1 to 5 years.
Please summarise in brief the measures taken to prevent escape attempt.- Substantive-legal measures – the regularisation criminalising the escape (see answer to point 1 and 2) - Differentiation of inmates – prisoner who endangers the safety of prison officers, other prisoners or other persons, who has escaped from prison sentence execution, tried to escape or prepared an escape shall be placed to the security regime unit where a special system of the regime activities is ensured (e.g. continuous duty of the prison officer who controls movement and activity of prisoners placed in the unit; the floor in the unit and other spaces are secured by a camera system; cells are always locked; prisoners perform work and/or another constructive activity only in the cell; walks and visits take place separately from the standard prison population) - Constructional, engineer and technical measures – walls, floors and ceilings of the accommodation objects are built of a solid building construction from reinforced concrete from full bricks or another building material with comparable strength properties that ensure protection against mechanical damage; firmly anchored bars from rolled steel logs are installed on all windows of the custodial parts of prisons; outer protective walls are built in sufficient distance from the accommodation objects of prisons; their surface must be smooth. The outer protective wall is ended with an engineer barrier from blade netting with a cylinder from blade wire and the like. - Connecting and signal-security means – e.g. signalisation against disruption of bars; entry and transition security system; CCTV inner ring, electronically operable and secured door and gate locks, door or cell signalisation, spatial sensors, shock cables, microwave barriers, infra-barriers and the like. - Special preventive-security measures
No, escape or attempt to escape from penitentiary/prison or during escort is not a criminal offense, but rather a disciplinary offense.
If escape is criminalised legally, what is the sanction/punishment?If the prisoner is caught on the run, the procedure for imposing and executing disciplinary measures, (ie disciplinary proceedings) is initiated against him.
Please summarise in brief the measures taken to prevent escape attempt.Prisoner's behaviour is being predicted through classification system during prison time and the possibility of re-commiting criminal offence. All that determines the structure and scope of treatment procedures to be undertaken during his / her stay in prison. By prisoners classification, the prison and penitentiary departments allow to determine the type and level of supervision over the prisoners and the appropriate placement within the penitentiary institution in aim to prevent the possibility of escape. If a prisoner makes an attempt to escape, coercive measures will be applied if neccesary (catch procedures and defense techniques, sticks, sprays with contaminants, electric paralysis, water jets, irritating chemical agents, firearms) .
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Yes, to escape from prison is criminalized in Norway.
If escape is criminalised legally, what is the sanction/punishment?Escape is according to the Penal Code subject to a penalty of a fine or imprisonment for a term not exceeding six month. It can also be mentioned that any person who assists another person on whom a custodial sentence has been imposed in evading execution of the sanction shall be subject to a penalty of a fine or imprisonment for a term not exceeding three years.
Please summarise in brief the measures taken to prevent escape attempt.In Norway there are different security-levels for the prisons. The first measure is to make a qualified assessment of the sentenced person and based upon this assessment take the right decision on security-level. In all prisons are, with different importance, the following measures used to promote security and counteracting escape. - Static security: in the sense of material measures, such as ringwalls, lattice, cameras, alarm systems and control measures as supervision during exercise in the prison yard, conducting search and counting. - Organizational security: in the sense of organization of work, responsibility and authority. Examples are staffing plans, local instructions, training, deviation management and crisis management plans. - Dynamic Security: in the sense of interpersonal relationships and systematic interaction between inmates and employees.
Yes, any escape from prison custody or from a secure escort (for instance when a prisoner is taken to court, to hospital, or other location outside of the prison) is a criminal offence, as is assisting a prisoner to escape.
If escape is criminalised legally, what is the sanction/punishment?Prisoners who escape can face an unlimited prison sentence on conviction and those who assist or harbour escapees can be prosecuted and face a sentence on conviction of up to 10 years in prison.
Please summarise in brief the measures taken to prevent escape attempt.Escapes from prisons in England and Wales are rare. Measures taken to prevent escapes include: • Following conviction and sentencing and at regular intervals thereafter, prisoners are individually risk assessed in respect of escape, of harm to the public in the event of escape, and to prison security, safety and good order. They are then assigned a security category and allocated to a prison with the appropriate security measures in place. Prisoners can move to higher or lower conditions of security during their sentence in line with their current risk. • Physical security measures include perimeter walls and fences and secure cells. The level of security available varies between security categories. There are also a range of comprehensive security procedures applied, such as searching of prisoners, visitors, prisoners’ cells and other areas of the prison to ensure, among other things, that equipment which might assist an escape attempt is not concealed or that prisoners are not causing damage to their cells that would compromise security. Prisons also gather and analyse intelligence; risk assess prisoners for work and access to areas of the prison such as kitchens and workshops; maintain close control of tools and equipment. • If a prisoner needs to leave the confines of a prison to attend hospital or court, an individual risk assessment is completed to indicate the appropriate level of security required during the escort. This is typically two escorting officers and the use of handcuffs. • Processes are in place to ensure that prisoners who present an increased risk of escape are identified and managed accordingly. Additional security measures are applied to this small number of prisoners proportionate to the nature of the assessed risk. These measures can include monitoring of calls and correspondence (other than legal or other confidential communications), enhanced searching, and irregular observation during night patrol state.
In Spain escapin from prison is considered a crime.
If escape is criminalised legally, what is the sanction/punishment?On the one hand, art. 469 of the Criminal Code categorises the crime of prison escape as an offence against public administration. It is described as the escape from a prison or a similar facility where an inmate shall be allocated, carried out either by sentenced prisoners or by other prisoners by means of violence or intimidation to people, the use of force on things or taking part in prison riots. This offence can be sentenced to prison from 6 months to 4 years. On the other hand, art. 468 of the Criminal Code, foresees the crime of breach of sentence, being that a prison sentence, an alternative sanction/measure , a security measure, a cautionary measure or a transfer. Such offence, if committed by a person that was already deprived from freedom, is punishable with prison from 6 months to 1 year. Likewise facilitating or helping a sentenced or an arrested person to escape from prison it is considered an offence. The crime is aggravated when the person who facilitates or helps the escape, is a civil servant responsible for the transfer or safe-keeping of the sentenced or arrested person.
Please summarise in brief the measures taken to prevent escape attempt.The security measures implemented to prevent escape attempts can be grouped into two categories: --> Perimeter security: includes all the architectonic elements and electronic detection devices which are deployed at the access points and along the entire facility perimeter. •Access points: control cabins with security double door system in order to ensure a controlled entry/exit. Management protocols which define the different levels of authorisation required to enter/exit the prison. These are equipped with video surveillance and metal detector arches. •Security perimeter: double wall which is 6 meters high and 15 metres wide, with metal mesh and four electronic presence detection systems. Such electronic detection systems are managed from the Security Command Centre. •Security Command Centre: it is the competency of the Catalonian police to ensure the security of the wall and the external area surrounding the walls, therefore Catalonian police officers run the security command centre and patrol the exterior of the prison wall. --> Internal security: includes organisation measures as well as measures concerning the life regime aimed at identifying and hindering attempts of escape. •Automatic system for the identification of inmates by means of biometric AFIS in order to properly assess the identity of the inmates who enter and exit the prison and their respective warrant orders, licences and authorisations. •Internal supervision and security programme which consists of the implementation of preventive security measures including life regime measures and organisational measures which serve to analyse and manage the information and the implementation of the security protocols for the follow-up of the inmates which present escape risk. The main internal security measures foreseen by the prison legal regulations are the following: •Behaviour follow-up/observation •Headcount •Night patrol •Body-search and confiscation •Interventions and other appropriate control means •Forbidden objects check •Re-allocation or unit separation •Inmate transfers •Exit and release protocols
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