68 CAP. 9.] CRIMINAL CODE direction or superintendence at the time when such adjudication, contract, or administration commenced, shall, on conviction, be liable to imprisonment for a term from one to six months and to perpetual interdiction from his public office or employment. Private interest in the issuing of orders, etc. 125. Any public officer or servant who takes any private interest in any matter in respect of which he is entrusted with the issuing of orders, the winding up of accounts, the making of arrangements or payments of any sort, shall, on conviction, be liable to the punishments laid down in the last preceding article. Aggravating circumstance. Amended by: XLIX. 1981.4. 126. Whenever, in the cases referred to in the last two preceding articles, any loss is fraudulently caused to the administration to which the matter belongs, the punishment shall be imprisonment for a term from eighteen months to three years, with interdiction as provided in those articles. Embezzlement. Amended by: XLIX. 1981.4; XXXI. 2007.10; IV. 2013.8. 127. (1) Any public officer or servant who for his own private gain or for the benefit of another person or entity, misapplies or purloins any money, whether belonging to the Government or to private parties, credit securities or documents, bonds, instruments, or movable property, entrusted to him by virtue of his office or employment, shall, on conviction, be liable to imprisonment for a term from two to six years, and to perpetual general interdiction. (2) The provisions of sub-article (1) shall, mutatis mutandis, also apply to and in relation to any employee or other person when directing or working in any capacity for or on behalf of a natural or legal person operating in the private sector who knowingly, in the course of his business activities, directly or through an intermediary and in breach of his duties, conducts himself in any manner provided for in the said sub-article. § O F A BUSES RELATING TO P RISONS Turnkey or gaoler taking person in custody without warrant. 128. Any turnkey or gaoler who shall take any prisoner in custody without a lawful warrant or order from a person authorized by law to issue such warrant or order, shall, on conviction, be liable to imprisonment for a term from one to three months. Arbitrary acts or restrictions by turnkeys or gaolers. 129. (1) Any turnkey or gaoler who shall subject any person under his custody to any arbitrary act or restriction not allowed by the prison regulations, shall, on conviction, be liable to the punishment established in the last preceding article. Aggravating circumstance. (2) Where the restriction or arbitrary act aforesaid of itself constitutes a crime liable to an equal or a higher punishment, such punishment shall be applied with an increase of one degree. Detention of persons under arrest in place other than a public prison. 130. Any public officer or servant who, without authority or necessity, detains or causes to be detained, any person under arrest, in any place other than a place appointed as a public prison, shall, on conviction, be liable to imprisonment for a term from one to three months or to a fine (multa).