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Thread: Is it illegal to flee from justice?

  1. #1
    Elephant Feirefiz's avatar
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    Default Is it illegal to flee from justice?

    Some of the reactions to the Polanski arrest reminded me of a question that I've wanted to ask before.

    Is fleeing from justice illegal in the US or other countries? (Here it isn't.)
    Does it make a difference at what stage you do it?

  2. #2
    Elen síla lumenn' omentielvo What Exit?'s avatar
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    I am not a lawyer or well versed in legal manners, but it seems such a fundamental thing that I am amazed Germany does not consider illegal.

    We even have serious laws about leaving the scene of an accident.

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    Free Exy Cluricaun's avatar
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    How in the world can it not be illegal in Germany? If one is summoned by a court and simply decides that they’d really rather not get embroiled in all this jail going and fine paying they can just skip out and nobody comes after them for it? It would seem to completely undermine the rule of law at it's most fundamental point.
    Hell, if I didn't do things just because they made me feel a bit ridiculous, I wouldn't have much of a social life. - Santo Rugger.

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    Elephant Feirefiz's avatar
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    Quote Originally posted by What Exit? View post
    I am not a lawyer or well versed in legal manners, but it seems such a fundamental thing that I am amazed Germany does not consider illegal.
    It's considered a different aspect of the same right that allows you to remain silent: You are under no obligation to cooperate with your prosecution in any way.
    We even have serious laws about leaving the scene of an accident.
    We have those, too. That's probably the closest thing to an exception. However technically speaking you are free to run once you have identified yourself properly.


    Law enforcement can and will still force you to comply if they have the chance, but you won't be punished.

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    Yes, I'm a cat. What's it to you? Muffin's avatar
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    The court makes an order. A person does not obey it. Penis ensues.

    The mechanism will vary, for example, contempt v. breach, but it all comes down to the same thing: there will be a provision that empowers a court to ensure that its orders are enforced in its jurisdiction. Outside of that jurisdicstion, it may be enforced if there is an agreement with the other jurisdiction, but if there is no agreement in place, then it will not be enforced.
    Last edited by Muffin; 28 Sep 2009 at 03:25 PM.

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    No Ordinary Rabbit Count Blucher's avatar
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    Quote Originally posted by Muffin View post
    The court makes an order. A person does not obey it. Penis ensues.
    Sadly, its probably from a cellmate named Günter, but I like the way you think...

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    Administrator CatInASuit's avatar
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    Currently, an International Arrest Warrant can be put out on a fugitive. Once they are caught it is up to the extradition treaty of the two countries to decide whether they are sent back or not.
    In the land of the blind, the one-arm man is king.

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    Living la vida broke-a Revs's avatar
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    IANAL but I believe the proper term is "flight to avoid prosecution".
    Give me whiskey when I'm thirsty,Give me a cold beer when I'm dry, Give me root beer when I'm sickly, Give me a headstone when I die.

  9. #9
    aka ivan the not-quite-as-terrible ivan astikov's avatar
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    Quote Originally posted by Cluricaun View post
    How in the world can it not be illegal in Germany? If one is summoned by a court and simply decides that they’d really rather not get embroiled in all this jail going and fine paying they can just skip out and nobody comes after them for it? It would seem to completely undermine the rule of law at it's most fundamental point.
    What better way of removing 'undesirables' from your country?

    Crafty, those Germans!
    To sleep, perchance to experience amygdalocortical activation and prefrontal deactivation.

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