Art.

124: ARBITRARY DETENTION – Arbitrary detention is committed when

a person is arrested and detained without warrant of arrest.

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).

(3) That the detention was without legal ground.

 The detention of a person is without legal ground: (1) when he has not
committed any crime or at least, there is no reasonable ground for suspicion
that he has committed a crime, or (2) when he is not suffering from violent
insanity or any other ailment requiring compulsory confinement in a hospital
 A public officer is deemed such when he is acting within the bounds of his
official authority or function. Only those public officers whose official duties
carry with it the authority to make an arrest and detain persons can be guilty
of this crime.
 There must be an actual restraint of liberty of the offended party.
 The crime committed is only grave or light threats if the offended party may
still go to the place where he wants to go, even though there have been
warnings.
 Arrest without warrant is the usual cause of arbitrary detention
Difference between Arbitrary Detention, Illegal Detention and Unlawful
Arrest.

Arbitrary Illegal Detention Unlawful Arrest

Detention

Offender Public officer who (1) Private Any person

has authority to persons;
make arrests and OR
detain persons (2) Public
officer
who is
acting in
a private
capacity
or
beyond
the
scope of
his
official
duty
Criminal intent Violate the Deprive the Accuse the
offended party’s offended party of offended party of
constitutional his personal liberty a crime he did not
freedom against commit, deliver
warrantless arrest him to the proper
authority, and the
necessary charges
to incriminate him