Officer Breaking Seal


ART.227

ELEMENTS:
1. That the offender is a public officer;
2. That he is charged with the custody of papers or property;
3. That these papers or property are sealed by proper
   authority; and
4. That he breaks the seals or permits them to be broken.


It is the breaking of the seals and not the opening of a
closed envelope which is punished.

Damage or intent to cause damage is not necessary; damage is
presumed.

In "breaking of seal", the word "breaking" should not be
given a literal meaning. Even if actually, the seal was not
broken, because the custodian managed to open the parcel
without breaking the seal.

The element of damage is not required.

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