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.