CRIMINAL_LAW_BOOK_II.ppt - CRIMINAL LAW BOOK II ISAGANI G GARCIA Lecturer\/Instructor ARBITRARY DETENTION ELEMENTS 1 That the offender is a public

CRIMINAL_LAW_BOOK_II.ppt - CRIMINAL LAW BOOK II ISAGANI G...

This preview shows page 1 - 9 out of 141 pages.

CRIMINAL LAW CRIMINAL LAW BOOK II BOOK II ISAGANI G. GARCIA Lecturer/Instructor
Image of page 1
ARBITRARY DETENTION ELEMENTS: 1. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons; jurisdiction to maintain peace and order); 2. That he detains a person (actual restraint); and 3. That the detention was without legal grounds (cannot be committed if with warrant). DETENTION : when a person is placed in confinement or there is a restraint on his person
Image of page 2
ARBITRARY DETENTION Legal grounds for the detention of any person: 1. commission of a crime 2. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital 3. escaped prisoner * When the peace officers acted in good faith even if the three (3) grounds mentioned above are not obtaining, there is no Arbitrary Detention.
Image of page 3
ARBITRARY DETENTION Without legal grounds: 1. He has not committed any crime or no reasonable ground of suspicion that he has committed a crime. 2. Not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital. Grounds for warrantless arrest: 1. Crime is about to be, is being, has been committed in his presence; 2. Officer must have probable cause to believe based on personal knowledge of facts and circumstances that the person probably committed the crime; and 3. For escaped prisoner .
Image of page 4
DELAY IN THE DELIVERY OF DETAINED PERSONS ELEMENTS: 1. That the offender is a public officer or employee 2. That he has detained a person for some legal grounds 3. That he fails to deliver such person to the proper judicial authority within: 12 hours- light penalties, or their equivalent; 18 hours- correctional penalties, or their equivalent or 36 hours - capital punishment or afflictive penalties, or their equivalent
Image of page 5
DELAYING RELEASE ELEMENTS: 1. That the offender is a public officer or employee 2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. That the offender without good reason delays: the service of the notice of such order to the prisoner, or the performance of such judicial or executive order for the release of the prisoner, or the proceedings upon a petition for the release of such person
Image of page 6
DELAYING RELEASE Three acts are punishable: 1. delaying the performance of a judicial or executive order for the release of a prisoner 2. delaying the service of notice of such order to said prisoner 3. delaying the proceedings upon any petition for the liberation of such person Wardens and jailers are the persons most likely to violate this provision Provision does not include legislation
Image of page 7
EXPULSION ELEMENTS: 1.
Image of page 8
Image of page 9

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture