Article 126 Delaying Release

Question 1

What acts are punished under Article 126?

Answer 1

1. Delaying the performance of a judicial or executive
   order for the release of a prisoner;
2. Unduly delaying the service of the notice of such
   order to said prisoner;
3. Unduly delaying the proceedings upon any petition
   for the liberation of such person.

Question 2

What are the elements of Delaying Release?

Answer 2

Elements
1. Offender is a public officer or employee;
2. There is a judicial or executive order for the
release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the
liberation of such person;
3. Offender without good reason delays –
a. the service of the notice of such order to the
prisoner;
b. the performance of such judicial or executive
order for the release of the prisoner; or
c. the proceedings upon a petition for the
release of such person.

Question 3

Who are the officers most likely to violate the provision?

Answer 3

Wardens and jailers are the persons most likely to

violate this provision.