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Sec. 16. Arrest of accused.

— The court shall not order the
arrest of the accused except for failure to appear whenever
required. Release of the person arrested shall either be on bail
or on recognizance by a responsible citizen acceptable to the
. Concept: It is the crime committed by any person, whether a private person or
public officer, who arrest or detains a person without reasonable ground
therefore, for the purpose of delivering him to the proper authorities.
A. The public officer is one who has no power to arrest or order the detention of
another, else it is arbitrary detention.
B. The situation is that the arrest is not a valid warrantless arrest but the victim is
brought before the police or prosecutor’s office or court, for the purpose of filing
charges against the victim.
C. If the purpose is otherwise, the crime may be detention or coercion or
D. The term is not “Illegal Arrest”.
E. This maybe complexed with Incriminatory Machination. E.g. A person placed a
knife in the bag of another and then arrests him and brings him to the police