Subject of escape from places of deprivation of Liberty, detention or protection and its signs

Abstract

The article is devoted to the subject of escape from places of deprivation of liberty, from arrest or from custody, criminal liability for committing is provided for by Art. 426 of the Criminal Code of the Republic of Kazakhstan, and its features. In addition, criminal liability is associated with the fact that it is considered as a subject only if there is a sign of a natural person, the person’s ability, during the commission of a socially dangerous act, to realize the actual nature and social danger of his actions (inaction) or to control them. Contains a full criminal law meaning about the mandatory signs of a subject who has committed a criminal offense. The controversial points of view of domestic and foreign legal scholars on various problems of this topic are analyzed, the author’s recommendations are offered. The types of the subject of a criminal offense, the definition of signs of a general and special subject are also set forth. The questions about the sign of reaching age are considered. The importance of distinguishing between sanity and insanity is considered. Proposals are given on the qualification of the escape of servicemen who have committed from the places of arrest, and the reduction of the age of the subject of the escape under aggravating circumstances. It is noted that only persons who have been taken in full compliance with the requirements of the Criminal and Criminal Procedure Laws to temporary detention centers, pre-trial detention centers, or institutions of deprivation of liberty and who have escaped from them are prosecuted for escape.