Art. 126. Delaying release. — The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person. (Revised Penal Code)
Acts punishable under Article 126
1. By delaying the performance of a
judicial or executive order for the release of a prisoner
2. By unduly
delaying the service of the notice of such order to said prisoner
3. By unduly delaying the proceedings upon any petition
for the liberation of such person
Elements
1.
That
the offender is a
public officer or employee
2. That
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.
That
the 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
● Wardens and
jailers
are
the public officers most
likely to violate Article 126
since
they
are
the
officers temporarily in charge of the custody of persons
or detained persons.
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