How do I get into jail legally

jailoutbreak is no Offense

In the past few weeks the Plötzensee prison was in discussion because a number of inmates broke out. While the Justice Senator now has to justify it, it is less of a problem for the outdoors. Even if they are caught again. An outbreak is not a crime.

It is a common right to seek freedom and therefore a breakout of prison cannot be punished. Hans Hannagarth, lawyer and criminal defense attorney, explains: "What can be punished is if I damage something when I break out. The classic if I break through walls or break the window." Then of course that is damage to property. But the mere fact that a person seeks his freedom is not a criminal offense.

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It's a little more complicated than that. A prison break like this is not allowed either. But reference is made to the first paragraph of the penal code, which says: no punishment where there is no law. And breaking out of a prison is not forbidden.

"It will be punished indirectly because I turned against the prison rules and showed that I am not the model prisoner."
Hans Hannagarth, lawyer and criminal defense attorney

The prisoners are then punished indirectly. Because whoever breaks out once and is caught again, logically receives fewer concessions afterwards, for example with regard to open execution or prison leave, which is then not granted.

"It will then take a much longer period of time before I can get this relief from prison again."
Hans Hannagarth, lawyer and criminal defense attorney

Prisoners are not explicitly informed that the law suits them at this point. But Hans Hannagarth is pretty sure that it is one of the first things that gets around to the newcomers in a detention center. By the way, someone who helps a prisoner break out is already a criminal offense.

Break into jail

Hans Hannagarth himself has not yet seen an inmate he represented break out of a penal institution. But he experienced a very bizarre reverse case: A drug dealer had thrown a package of narcotics over the prison wall. However, this package was not picked up. "And then he thought he was clever, got over there and got the parcel again. But then he realized that getting out of a detention center is more difficult than getting in - because the inner courtyard was two meters lower," he said Jurist.

The drug dealer had committed a very classic break-in with this action. And easy to find - with his drugs - he was too - because he couldn't get out. The drug dealer then got a fine - for breaking and entering.

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