According to Half As Interesting’s YouTube video Why Breaking Out of Prison Is Legal in Germany, the Reichstag, which was 1880s legislative body of what was then the German Empire, declared people’s right to self-liberation, which included the right to attempt to escape if imprisoned. Countries that recognize this right consider the right to freedom and the right to seek freedom as separate entities that are not governed by the same laws.
This isn’t to say that if you do manage to escape from prison you’re guaranteed freedom from then on; if authorities find a prisoner post-escape, they can bring them back to jail to finish out the rest of their sentence. However, no additional time will be added to the sentence; the attempt isn’t punished in this manner.
From what I understand, at least in some countries, you can still be charged for any minor crimes you commit along the way, such as if you take prison clothes with you or damage something on your way out.
That makes sense. Although, I’d imagine if you’re trying to escape, your sentence is likely for a considerable amount of time, so any additional time for stealing, vandalism/destruction of property, etc, won’t hurt you too much.
You will also face disciplinary consequences in the prison once they capture you, which includes loss of privileges and solitary confinement.
Yeah, but that’s a risk they’re willing to take.
most of these nations don’t allow the use of solitary
IIRC one of the few “success stories” of this was a prisoner that escaped by sneaking into a helicopter, technically commiting no crimes.