On
Evasion Through Negligence

 ART.224

ELEMENTS of Evasion through negligence
1. That the offender is a public officer;
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment; and
3. That such prisoner escapes through his negligence.

NOTES:

The article punishes a definite laxity which amounts to deliberate non-performance of a duty.

The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford him complete exculpation.

The liability of an escaping prisoner:
 a. if he is a prisoner by final judgment, he is liable for evasion of service (art 157)
 b. if he is a detention prisoner, he does not incur criminal liability (unless cooperating with the offender).

The negligent public officer suffers the same penalty regardless of whether the prisoner is a convict or merely a detention prisoner.

This covers only positive carelessness and definite laxity which amounts to deliberate non-performance of duties.