Escape - national proceedings

Japan

Japan - Act on International Assistance in Investigation 1980 (2019) EN/Japanese

Chapter IV Confinement of a Foreign Sentenced Inmate

(Special Provision to the Crimes of Escape)

Article 26

A foreign sentenced inmate who is detained in accordance with paragraph (1) of Article 23 shall be deemed to be an unsentenced person confined on a judge's order for the purpose of application of Articles 97, 98, and 102 (limited to those pertaining to the attempted crime for Articles 97 and 98) of the Penal Code.

Japan - Penal Code 1907 (2020) EN/Japanese

PART II CRIMES

Chapter VI Crimes of Escape

(Escape)
Article 97 When a sentenced or unsentenced person confined on a judge's order escapes, imprisonment for not more than 1 year is imposed.

(Aggravated Escape)
Article 98 When a person who is provided for in the preceding Article or held under a subpoena escapes either by damaging the facilities or instruments of restraint for confinement, by committing an act of assault or intimidation, or in conspiracy with two or more persons, imprisonment for not less than 3 months but not more than 5 years is imposed.

Rome Statute

Article 111 Escape

If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.