The main body of the crime of escape is the criminal suspect in custody and the criminal who has served his sentence, and it is a re-crime in prison that seriously disturbs the supervision order. Therefore, the crime of escape is generally sentenced to a heavier sentence. Once this crime is committed, the already obtained commutation reward will be invalid, and the punishment will be increased, which is not worth the loss. The crime of escape and the former crime are reduced first and then merged. For example, the previous crime was sentenced to 10 year, and the crime of escape was sentenced to 3 years after 3 years. The previous crime was sentenced to 7 years, and the last three years were combined according to the combined punishment rule, that is, it was decided within 7 years (7+3 = 10 year). In fact, the three years of the crime of escape was absorbed by life imprisonment, and it is still life imprisonment. Although according to the provisions of the criminal law, prisoners who serve an indefinite sentence commit the crime of escape again, and there are no adverse consequences in the term of imprisonment, this situation may completely lead to careful investigation when reducing their sentences in the future.
Criminal law of the people's Republic of China
Article 316 A criminal, defendant or suspect who escapes according to law shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Whoever robs a criminal, defendant or criminal suspect while escorting him shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 317 ringleaders who organize prison breaks and those who actively participate in prison breaks shall be sentenced to fixed-term imprisonment of not less than five years; Other participants shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the ringleaders take an active part in rioting to escape from prison or gathering people for armed robbery, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; If the circumstances are particularly serious, he shall be sentenced to death; Other participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.