1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or person under
arrest is confided to him;
3. That the prisoner or person under arrest escapes; and
4. That the offender consents to the escape of the prisoner or
person under arrest, or that the escape takes place through
This article is not applicable if a private person made the arrest
and he consented to the escape of the person he arrested.
If the offender who aided or consented to the prisoner’s escaping
from confinement, whether the prisoner is a convict or a detention
prisoner, is not the custodian, the crime is delivering prisoners
from jail under Article 156.
The party who is not the custodian who conspired with the custodian
in allowing the prisoner to escape does not commit infidelity in the
custody of the prisoner. He commits the crime of delivering prisoners
Art. 225 not applicable if a private person was the one who made the
arrest and he consented to the escape of the person he arrested.