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TITLE [Escape]Supreme Court Decision 2005Do6810 Delivered on July 6, 2006 [full Text]
Summary
[1] The elements required to acknowledge lawfulness of voluntary accom- paniment [2] The case holding that the judicial police officers' accompanying of the defendant to the investigative office constitutes a de facto arrest by force, i.e., an illegal arrest, and an emergency arrest made 6 hours after the illegal arrest is also illegal ; and therefore the defendant cannot be a person to commit the crime of escape, because he is a person illegally arrested, and not a ""person who has been arrested or detained by law"" under Article 145 Paragraph (1) of the Criminal Code
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