1. That the offender is a private person;
2. That he kidnaps or detains another or in any other manner deprives
the liberty or he furnishes the place for the perpetuation of the
3. That the act of detention or kidnapping must be illegal;
4. That the crime is committed without the attendance of any of the
circumstances enumerated in Art. 267.
PRIVILEGED MITIGATING CIRCUMSTANCE:Penalty is lowered
If the offender:
1. voluntarily releases the person so kidnapped or detained within 3
days from the commencement of the detention;
2. without having attained the purpose intended; and
3. before the institution of criminal proceedings against him.
The prevailing rule now is Asistio v. Judge, which provides that
voluntary release will only mitigate criminal liability if crime was
slight illegal detention. If serious, it has no effect.
The liability of one who furnishes the place where the offended
party is being held captive is that of a principal and not of an