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13. Offences against public justice
 
  Article 106-Offences of fugitive from justice and escape  
106.1 Fugitive from justice  
  A fugitive from justice is any man or woman convicted or accused of a crime who escapes and/or hides from 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 confinement, arrest and/or custody; and
 2. That the accused did unlawfully remove themselves from such place of confinement, arrest and/or custody.
 
 
 Penalty Conditions (Level 4-Crime)
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 crime;
 
 
 Penalty Conditions (Level 5-Crime)
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 crime;
4-6
 a) Escape from a place of confinement or custody of sentence in connection to a level 4 crime;
 
 
 Penalty Conditions (Level 6-Crime)
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 crime;
b) The use of weapons and/or violence in escape of a level 5 or 6 crime;
 
106.2 Assisting/harbouring a fugitive from justice  
  The offence of assisting/harbouring a fugitive from justice is any man or woman who materially assists and/or harbours a known fugitive under their own volition and choice.
 
 
 Primary Fact(s)
 1. That a fugitive from justice is being sought by authorities; and
2. That the actions of the accused contributed to the safe harbour, concealment, evasion of capture and/or material support of the fugitive; and
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-Crime)
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 crime;
 
 
 Penalty Conditions (Level 5-Crime)
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 crime;
4-6
 a) Where the fugitive has escaped from a place of confinement or custody of sentence in connection to a level 4 crime;
 
 
 Penalty Conditions (Level 6-Crime)
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 crime;
b) The use of weapons and/or violence in escape of a level 5 or 6 crime;
 
     
     
 
 

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