Title 9: Crimes Against Personal Liberty and Security

Question 2

Elements of Kidnapping and Serious Illegal Detention

Art. 267: Kidnapping and Serious Illegal Detention

Answer 2

1. That the Offender is
   A. A Private Individual who is not any of the parents of the victim nor a female
   - If the victim is a minor and the accused is any of the parents, Art. 271. Inducing a minor to abandon his home
   B. A Public officer who has no duty under the law to detain a person
   - A public officer who has a duty to detain a person but does so without legal grounds is liable for arbitraty detention
2. That he Kidnaps or detains another, or in any other manner deptives the latter of his liberty
   - restraint need not be permanent (732)
3. That the act of detenion or kidnapping is Illegal
   - Detention is illegal when not ordered by competent authority or permitted by law
4. That in the commission of the offense, any of the following circumstances is present: MoST-MFP
   a. that the kidnapping lasts for More than 3 days
   b. that it is committed Simulating public authority
   c. that any serious physicial injuries are inflicted upon the person kidnapped or detained or Threats to kill him are made; or
   d. that the person kidnapped or detained is a Minor, Female, or a Public official

Question 3

Threats vs. Coercion

Art. 282: Grave Threats

Answer 3

Threats
- threatened harm or wrong is future and conditional
- done through an intermediary or in writing
- it is committed by means of intimidation which is future and conditional
- directed against the victim or his family

Coercion
- threatened harm or wrong is immediate and direct
- it cannot be done by means of an intermediary or in writing
- it is committed by violence although it may also be by intimidation if it is serious enough, direct, immediate and personal (e.g. intimidation with firearm)
- intimidation is directed personally

Question 4

Punishable Acts of Grave Threats

Art. 282: Grave Threats

ICDA

Answer 4

Elements of Offender Attained His Purpose: (ICDA)
1. That the offender threatens. another person with the Infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong;
2. That such wrong amounts to a Crime
3. That there is a Demand for money or that any other condition is imposed, even though lawful; and
4. That the offender Attains his purpose

2. Making such threat without the offender
   attaining his purpose
   - (with condition; elements for this act are the same with the first except that the purpose is not attained);

Elements of NOT subject to a condtion
1. That the offender threatens another person with the Infliction upon the latter’s person, honor, or property, or upon that of the latter’s family, of any wrong
2.