Enacted parts

ARTICLE 434-27
(Ordinance no. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September 2000 in force 1 January
2002)
(Act no. 2004-204 of 9 March 2004 article 194 I Official Journal of 10 March 2004)
Punishable escape occurs when a person who is detained absconds from custody.
Escape is punished by three years' imprisonment and a fine of €45,000.
Where this escape is carried out through violence, breaking out, or corruption, even if this was committed by a third
party acting in conjunction with the detainee, the penalties are increased to five years' imprisonment and to a fine of
€75,000.
ARTICLE 434-28
For the purpose of the present paragraph, a person is considered as being detained:
1° who is in police custody;
2° who is about to be or is being brought before a judicial authority at the end of police custody or pursuant to a
bench warrant;
3° who has been served a detention warrant or of arrest warrant which remains in force;
4° who is serving a custodial sentence or who has been arrested to serve that sentence;
5° who is placed in custody pending extradition.
ARTICLE 434-29
(Act no. 92-1336 of 16 December 1992 Article 368 and 373 Official Journal of 23 December 1992 in force 1 March 1994)
(Act no. 97-1159 of 19 December 1997 Article 1 Official Journal 31 December 97)
An escape is subject to the same penalties where:
1° a detainee placed in a hospital or health institution absconds from the supervision to which he is subjected;
2° a convicted person evades the control to which he is subjected whilst posted to a non-custodial assignment, or
under electronic supervision, or whilst enjoying partial or temporary leave;
3° a convicted person fails to return to the penitentiary institution at the end of an order suspending or dividing a
sentence of imprisonment, of a non-custodial assignment, semi-detention or temporary leave;
4° a convicted person placed under electronic supervision neutralises by any means the apparatus permitting the
detection from a distance of either his presence in or his absence from any premises designated by the penalty
enforcement judge.