Kidnapping and Illegal Detention (Articles 267-273)

A private individual unlawfully deprives another of liberty under a qualifying circumstance specified by Article 267.

Detention lasting more than three days is one qualifying circumstance.

Yes, subject to the statutory exception involving a parent of the minor.

Unlawful deprivation of liberty by a private individual without Article 267's qualifying circumstances.

Release within three days, before the detention's purpose is attained and before proceedings begin, may reduce the penalty.

Arresting or detaining another without legal grounds for the purpose of delivering that person to authorities.

A person entrusted with a minor's custody deliberately fails to restore the minor to the parents or guardians.

Inducing a minor to abandon the home of the parents, guardians, or custodians.

Purchasing, selling, kidnapping, or detaining a human being for the purpose of enslaving that person.

Retaining a minor in service against the minor's will under the pretext of reimbursing a debt.

Compelling a debtor to work against the debtor's will to pay a debt under the article's conditions.

Failing to render assistance in the situations expressly covered by Article 275.

Failing to assist a person accidentally wounded or injured by the offender under the article's conditions.

A person entrusted with a child under seven abandons the child under the article's conditions.

Delivering a minor to an institution or another person without required consent, or neglecting education under the article.

Engaging in prohibited activities involving minors, including specified dangerous performances or occupations.

A private individual enters another's dwelling against the occupant's will, subject to statutory exceptions.

Entering another's closed or fenced uninhabited property without permission under the article's conditions.

Threatening another with a wrong constituting a crime against the person, honor, or property, under specified conditions.

Threatening a wrong not constituting a crime while demanding money or imposing another condition.

Threatening conduct expressly punished by Article 285, including certain weapon-related threats.

Without lawful authority, using violence, threats, or intimidation to prevent lawful conduct or compel conduct against another's will.

Forcibly seizing a debtor's property to apply it to a debt, under the article's conditions.

Unjustifiably annoying or vexing another person without necessarily causing physical or material harm.

Taking another's personal property with intent to gain through violence, intimidation, or force upon things.

Robbery with violence or intimidation against persons, and robbery by force upon things.

Robbery involves qualifying violence, intimidation, or force upon things; theft ordinarily does not.

Robbery by violence or intimidation in which homicide is committed by reason or on the occasion of the robbery.

No. The legally required connection to the robbery is controlling.

Taking property through one of the statutory modes of force upon things under Articles 299 or 302.

It may constitute a qualifying statutory mode of entry under Article 299.

Taking another's personal property with intent to gain, without consent and without qualifying violence, intimidation, or force upon things.

Intent to gain, an essential element of theft and robbery.

No. Intent to gain may exist without realized profit.

Theft committed under a qualifying circumstance specified by Article 310.

A serious betrayal of trust that directly facilitates the taking.

Taking possession of real property or usurping real rights through violence or intimidation under the article.

Changing boundary marks or monuments of towns, provinces, or estates under the article.

Swindling or defrauding another through a mode of deceit or abuse of confidence specified by Article 315.

Fraudulently converting or misappropriating property received under an obligation to deliver or return it.

Defrauding another through qualifying false pretenses made before or simultaneously with the fraud.

Theft involves unlawful taking; estafa involves fraudulent conversion of property received under qualifying possession.

Fraudulent acts involving property or rights specifically enumerated in Article 316.

A debtor absconds with property to prejudice creditors under the article's conditions.

Deliberately causing damage to another's property without the damage constituting arson or another specified crime.

Damage involving specified property or methods that Article 328 punishes more severely.

Malicious property damage not covered by the preceding special provisions, classified by the damage's value.

It helps determine the applicable classification and penalty under the statute.

Malicious mischief involves intentional property damage; theft involves unlawful taking with intent to gain.

Yes. Retention is unnecessary once all elements of consummated robbery are established.