Consideraţii privind evadarea săvârşită de persoana aflată în arest la domiciliu

Lect. univ. dr. Elisabeta BOŢIAN

Universitatea "Lucian Blaga" din Sibiu

Facultatea de Drept

Keywords: escaping, house arrest, bad faith

Considerations Regarding Escape Committed by a Person Under House Arrest

Abstract

The act of escaping from house arrest constitutes a distinct alternative form of the offense of escape, involving a breach of the obligation to remain within the designated residence or a failure to comply with the imposed travel itinerary or movement conditions. While other statutory forms of escape include specific essential elements that define the incriminated conduct, the legal framework governing escape from house arrest is deficient, creating significant challenges in judicial practice due to the lack of clear criteria for assessing the illicit nature of the act. A mere failure to comply with obligations imposed by the judicial authority does not in itself fulfill the constitutive elements of...