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Maltreatment Of Prisoners


ART.235

ELEMENTS:
1. That the offender is a public officer or employee;
2. That he has charge of a prisoner or detention prisoner
   (otherwise the crime is physical injuries); and
3. That he maltreats such prisoner in either of the
   following manners:
   a. by overdoing himself in the correction or handling of
      a prisoner or detention prisoner under his charge either –
        i. by the imposition of punishments not authorized by
           the regulations, or
       ii. by inflicting such punishments (those authorized)
           in a cruel and humiliating manner, or
   b. by maltreating such prisoner to extort a confession or
      to obtain some information from the prisoner.

The public officer must have actual charge of the prisoner in
order to be held liable (not merely by legal fiction)
1. Offended party: Convict by final judgment or detention prisoner

   - To be considered a detention prisoner, the person arrested
     must be placed in jail even for just a short time.

   - Maltreatment not due to personal grudge.

2. Offender may also be held liable for physical injuries or
   damage caused. (Penalty provided in Article 235 is imposed in
   addition to penalty for injury or damage caused)

This is committed only by such public officer charged with direct
custody of the prisoner.

If the public officer is not the custodian of the prisoner,
and he manhandles the latter, the crime is physical injuries.

The offended party can either be a convict by final judgment or a
detention prisoner.

The maltreatment does not really require physical injuries.
Any kind of punishment not authorized or though authorized if
executed in excess of the prescribed degree.

If the maltreatment was done in order to extort confession,
the penalty is qualified to the next higher degree.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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