Key legal question
Whether the officer's conduct fulfilled the objective elements of abuse of authority under Art. 312 CP
Extracted holding
Yes. He used official powers to move and leave the detainee in a place and at a time unrelated to police duties, thereby unlawfully interfering with the man's liberty of movement.
Extracted reasoning
The detainee was under police control and could not oppose the decision. The transport was not justified by any official purpose and occurred under the cover of official authority, so the abuse requirement was met.