Everything You Need to Know about Arbitrary Detention under Article 124
The elements of the crime of arbitrary detention under Article 124 of the Revised Penal Code are:
- Public officer or employee: The perpetrator must be a public officer or employee. This includes any person who holds a position in the government, regardless of whether they are elected or appointed, and regardless of their rank or level of responsibility.
- Detention: The perpetrator must detain the victim. Detention is defined as the deprivation of liberty of a person, even if it is only for a short period of time.
- Without legal grounds: The detention must be without legal grounds. This means that the perpetrator must not have a valid reason to detain the victim. Valid reasons for detention include having a warrant for the victim's arrest, or catching the victim in the act of committing a crime.
- Intention: The perpetrator must have the intention to detain the victim without legal grounds. This means that the perpetrator must be aware that they are detaining the victim without a valid reason.
If all of these elements are present, then the perpetrator has committed the crime of arbitrary detention.
Here is an example of arbitrary detention under Article 124 of the Revised Penal Code:
A police officer arrests a person without a warrant and without any reason to suspect that the person has committed a crime. The police officer then detains the person for several hours without bringing them before a judge. This is a clear case of arbitrary detention, as the police officer did not have any legal grounds to detain the person.
The penalties for arbitrary detention under Article 124 of the Revised Penal Code vary depending on the length of the detention:
- Up to 3 days: Arresto mayor, in its maximum period to prision correccional in its minimum period
- 3-15 days: Prision correccional in its medium and maximum periods
- 15-6 months: Prision mayor
- Over 6 months: Reclusion temporal
It is important to note that arbitrary detention is a serious crime, and public officers and employees who commit this crime can face significant penalties.