Asia Union Military Code-Article 70-Offences of fugitive from justice and escape



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11. Offences against military justice

Article 70-Offences of fugitive from justice and escape

70.1

Fugitive from justice

A fugitive from justice is any person convicted or accused of a offence who escapes and/or hides from military law enforcement or flees to another jurisdiction and/or nation to avoid arrest or punishment.

Primary Fact(s)

1. That the accused was lawfully placed into confinment, arrest and/or custody;

2. That the accused did unlawfully remove themselves from such place of confinement, arrest and/or custody.

Penalty Conditions (Level 4-Offence)

Type	Condition(s)
1-3	a) Escape from a place of confinement, arrest, or custody before trial for a level 3 or less charge;
4-6	a) Escape from a place of confinement, arrest, or custody before trial for a level 4 charge; b) Escape from a place of confinement or custody of sentence in connection to a level 3 offence;

Penalty Conditions (Level 5-Offence)

Type	Condition(s)
1-3	a) Escape from a place of confinement, arrest, or custody before trial for a level 5 charge; b) The use of weapons and/or violence in escape of a level 3 or 4 offence;
4-6	a) Escape from a place of confinement or custody of sentence in connection to a level 4 offence;

Penalty Conditions (Level 6-Offence)

Type	Condition(s)
1-3	a) Escape from a place of confinement, arrest, or custody before trial for a level 6 charge;
4-6	a) Escape from a place of confinement or custody of sentence in connection to a level 5 or level 6 offence; b) The use of weapons and/or violence in escape of a level 5 or 6 offence;

70.2

Assisting/harbouring a fugitive from justice

The offence of assisting/harbouring a fugitive from justice is any person who materially assists and/or harbours a known fugitive under their own volitation and choice.

Primary Fact(s)

1. That a fugitive from justice is being sought by authorities;

2. That the actions of the accused contributed to the safe harbour, concealment, evasion of capture and/or material support of the fugitive;

3. That the actions of the accused were done of their own free will and the knowledge that they were assisting a known fugitive;

Penalty Conditions (Level 4-Offence)

Type	Condition(s)
1-3	a) Where the fugitive has escaped from a place of confinement, arrest, or custody before trial for a level 3 or less charge;
4-6	a) Where the fugitive has escaped from a place of confinement, arrest, or custody before trial for a level 4 charge; b) Where the fugitive has escaped from a place of confinement or custody of sentence in connection to a level 3 offence;

Penalty Conditions (Level 5-Offence)

Type	Condition(s)
1-3	a) Where the fugitive has escaped from a place of confinement, arrest, or custody before trial for a level 5 charge; b) The use of weapons and/or violence in escape of a level 3 or 4 offence;
4-6	a) Where the fugitive has escaped from a place of confinement or custody of sentence in connection to a level 4 offence;

Penalty Conditions (Level 6-Offence)

Type	Condition(s)
1-3	a) Where the fugitive has escaped from a place of confinement, arrest, or custody before trial for a level 6 charge;
4-6	a) Where the fugitive has escaped from a place of confinement or custody of sentence in connection to a level 5 or level 6 offence; b) The use of weapons and/or violence in escape of a level 5 or 6 offence;

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