1. That the offender performs an act;
2. That by such act he directly incriminates or imputes to an
innocent person the commission of a crime; and
3. That such act does not constitute perjury.
2 KINDS OF INCRIMINATING AN INNOCENT PERSON:
1. Making a statement which constitutes:
a. defamation, or
b. perjury (if made under oath and is false)
2. Planting evidence
Art 363 is limited to planting evidence and the like, which
tend directly to cause false prosecution.
Incriminatory machinations distinguished from defamation – does
not avail himself of written or spoken words
There is a complex crime of incriminating an innocent person
through unlawful arrest.
As far as this crime is concerned, this has been interpreted
to be possible only in the so-called planting of evidence.
- If this act is resorted to, to enable officers to arrest
the subject, the crime is unlawful arrest through
incriminating innocent persons.
|Art.363. Incriminating Innocent Person|