1. That the offender arrests or detains another person;
2. That the purpose of the offender is to deliver him to the proper
3. That the arrest or detention is not authorized by law or there is
no reasonable ground therefor.
Offender is any person. Either a public officer or private
individual may be liable.
Arrest/ detention refers to warrantless arrests.
In Article 125 (Delay in the delivery of detained persons to the proper
judicial authorities), the detention is for some legal ground. While in
an unlawful arrest, the detention is not authorized by law.
Generally, this crime is committed by incriminating innocent persons by
the offender’s planting evidence to justify the arrest – a complex crime
results, that is, unlawful arrest through incriminatory machinations
under Article 363.
If the person arrested is not delivered to the authorities, the private
individual making the arrest incurs criminal liability for illegal
detention under Article 267 or 268.
If the offender is a public officer, the crime is arbitrary detention
under Article 124.
If the detention or arrest is for a legal ground, but the public officer
delays delivery of the person arrested to the proper judicial
authorities, then Article 125 will apply.