CRIMINAL CODE [CAP. 9. 55 § O F THE U SURPATION OF F UNCTIONS 84. Whosoever shall assume any public function, whether civil or military, without being entitled thereto, and shall perform any act thereof, shall, on conviction, be liable to imprisonment for a term from four months to one year. Unlawful exercise of public functions. § O F THE U NLAWFUL A SSUMPTION BY P RIVATE P ERSONS OF P OWERS BELONGING TO P UBLIC A UTHORITY 85. (1) Whosoever, without intent to steal or to cause any wrongful damage, but only in the exercise of a pretended right, shall, of his own authority, compel another person to pay a debt, or to fulfil any obligation whatsoever, or shall disturb the possession of anything enjoyed by another person, or demolish buildings, or divert or take possession of any water-course, or in any other manner unlawfully interfere with the property of another person, shall, on conviction, be liable to imprisonment for a term from one to three months: Arbitrary exercise of pretended rights. Amended by: XVI. 2006.2. Provided that the court may, at its discretion, in lieu of the above punishment, award a fine (multa). (2) The provisions of article 377(5) shall apply in the case of any conviction under subarticle (1) and when the conduct of the offender has resulted in a person being despoiled the Court shall apply the provisions of that subarticle in order to ensure that the person despoiled is fully revested in the position before he was despoiled. 86. Whosoever, without a lawful order from the competent authorities, and saving the cases where the law authorizes private individuals to apprehend offenders, arrests, detains or confines any person against the will of the same, or provides a place for carrying out such arrest, detention or confinement, shall, on conviction, be liable to imprisonment for a term from seven months to two years: Illegal arrest, detention or confinement. Amended by: XLIX. 1981.4. Provided that the court may, in minor cases, award imprisonment for a term from one to three months or a fine (multa). 87. (1) The punishment for the crime referred to in the last preceding article, shall be imprisonment for a term from thirteen months to three years in each of the following cases: (a) if the detention or confinement continues for more than twenty days; (b) if the arrest is effected with the unauthorized use of a uniform, or under an assumed name, or under a warrant falsely purporting to be issued by a public authority; (c) if the individual arrested, detained or confined, is subjected to any bodily harm, or is threatened with Aggravating circumstances. Amended by: XLIX. 1981.4; IV. 1994.2; XVII. 1996.19; XX. 2005.10.

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