- Statute
- Revised Penal Code
- Article
- Art. 125
- Topic
- Statutory provision
- Status
- In force, as amended
- Year
- 1987
The provision
Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent, and thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.
In every case, the person detained shall be informed of the cause of his detention and shall be allowed, upon his request, to communicate and confer at any time with his attorney or counsel.
Intellegal Wiki · In plain terms
A public officer who has lawfully arrested someone cannot hold them for as long as they like. The person must be handed over to the proper judicial authorities within a fixed window that depends on how serious the offence is: twelve hours for the lightest offences, eighteen for those in the middle, and thirty-six for the most serious. An officer who misses that deadline commits a crime and faces the same penalties as arbitrary detention. Whatever the offence, the person being held must be told why, and must be allowed to speak with a lawyer whenever they ask.
An editorially maintained plain-language explanation of this provision — not legal advice.