Infracțiunea de evadare: suprareglementare sau necesitate?
The crime of escape: over-regulation or necessity?

Summary/Abstract: This study examines the current legal framework of the offence of escape and the legislative trends in Romania concerning this crime. Specifically, it explores the necessity of criminalising the escape in its basic form and the implications of punishing the instinctive exercise of the fundamental right to liberty. The study also examines cases of escaping from the enforcement of preventive measures, such as pre-trial detention and house arrest, as well as the relationship between this criminalisation and the presumption of innocence of the accused. This analysis considers the fact that establishing the offence of escape is not contingent upon a conviction for the predicate offense. Finally, the study addresses the necessity of the assimilated form of escape provided under Article 1, point 1 of the Anti-Fugitive Law (PL-x no. 675/2023), questioning the rationale behind this legislative choice, which, at first glance, appears to be primarily political.

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