CRIMINAL LAW CRIMINAL LAW BOOK IIBOOK IIISAGANI G. GARCIALecturer/Instructor
ARBITRARY DETENTIONELEMENTS: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); and3.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
ARBITRARY DETENTIONLegal grounds for the detention of any person:1.commission of a crime2.violent insanity or other ailment requiring compulsory confinement of the patient in a hospital3.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.
ARBITRARY DETENTIONWithout 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; and3.For escaped prisoner .
DELAY IN THE DELIVERY OF DETAINED PERSONS ELEMENTS:1.That the offender is a public officer or employee2.That he has detained a person for some legal grounds3.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 or36 hours- capital punishment or afflictive penalties, or their equivalent
DELAYING RELEASE ELEMENTS:1.That the offender is a public officer or employee2.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 person3.That the offender without good reason delays:the service of the notice of such order to the prisoner, orthe performance of such judicial or executive order for the release of the prisoner, orthe proceedings upon a petition for the release of such person
DELAYING RELEASEThree acts are punishable:1.delaying the performance of a judicial or executive order for the release of a prisoner2.delaying the service of notice of such order to said prisoner3.delaying the proceedings upon any petition for the liberation of such personWardens and jailers are the persons most likely to violate this provisionProvision does not include legislation