呼市越狱案的定性探讨

The Qualitative and Discussion of the Jailbreak Case of Hohhot

四名重刑犯杀害监狱警察,从监狱大门越狱脱逃,引起了社会各界的关注。中央领导高度重视,公安部发出通缉令,警方立即展开搜捕行动,并调动了一架小型飞机在空中搜索。经过67小时的搜捕将越狱罪犯捕获。本案非常典型、复杂,在预备、实施既遂、后续逃跑过程中,四名越狱罪犯犯下了累累罪行。笔者认为,以本案脱逃越狱的性质为切入点,立足于本案共同犯罪的整体基础,从脱逃越狱犯罪的整个发展过程来看,本案应该定性为故意杀人罪、组织越狱罪及后续行为构成的诸多罪实行数罪并罚。以此案来审视我国现行《刑法》的相关规定,应设立越狱罪。

Four prisoners with long-term imprisonment killed the jailers and escaped from the main door of the jail which caused highly concern of the society.Leading comrades of the central authorities paid close attention and the Ministry of Public Security issued a wanted warrant,the police immediately begin the searching and muster one diminutive aeroplane for the aim of air searching.After 67 hours,the prisoners were caught finally.This case is typical and complicated, 4 prisoners committed countless crimes during the process of preparation,accomplishment and escaping.The author thinks the case with the nature of escaping from prison as the breakthrough point,and with the basic of joint crime,we should qualitative offence of intentional killing,crime of organizing a jailbreak,and the other crimes the prisoners committed and adopt the principle of punishments for plural crimes after analyzing the whole crime process.With this case we check the regulations of Criminal Law again,it is necessary to set the crime of jailbreak.