Flagrancy

What is flagrante delicto

It is understood by flagrante delicto arrest of an individual who is surprised and captured just at the moment of committing a crime.

It is a word that in the legal field is used to indicate what is related to an irregular act and a criminal.

Namely, is the act through which a person can be arrested just when he commits a crime without the need for a court order.

Flagrancy is considered a type of evidence since the irregular act has been observed and witnessed by one or more people who, in general, act quickly in order to capture or detain the criminal to hand him over to the police forces.

Therefore, flagrante delicto refers to the arrest itself, rather than the crime committed.

Now, it is possible to speak of flagrancy when any of these circumstances occur:

  • By capturing an individual attempting to commit a crime.
  • When a person is caught committing a crime.
  • When capturing the individual after a crime following a chase or hearing the cries for help from the witness or victim.
  • When the individual is captured with objects that involve him in the irregular act.
  • When the captured individual presents some indication that he recently participated in a crime.

In these cases, both police officers and witnesses can capture the individual who has just broken the law in order to carry out the corresponding investigation into the facts.

The processes of flagrancy cases are usually quick and simple. Generally, the judge responsible for the flagrancy case holds a hearing to which the victim has the right to attend, listen and testify.

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Once the matter has been clarified, the judge will be responsible for ordering the accused to be released or detained.

However, it should be noted that arrests in flagrante delicto may incur acts that violate the rights of individuals, depending on the situation in which they occur. Hence, it is necessary to be sure of what is happening in order to then act accordingly.

See also Crime.