Flagrancy is a legal concept that refers to the situation in which a person is caught at the moment of committing a crime or immediately after having committed it. This term is key in criminal law because it allows the immediate arrest of a person without the need for a court order.
Cases of flagrancy
According to criminal law, flagrancy may occur in the following situations:
When the crime is being committed:
The perpetrator of the crime is caught while carrying out the unlawful act, for example, a robbery in progress.Immediately after the crime has been committed:
The perpetrator is arrested right after having committed the crime, as long as there is a clear connection between the person and the criminal acts (for example, someone running with a stolen purse and being caught while fleeing).Immediate pursuit:
The perpetrator of the crime is pursued by the authorities or by witnesses from the place where the crime was committed, and is captured shortly afterward.Presence of objects, instruments, or evidence:
A person is found with objects, weapons, tools, or any indication that clearly shows they have just participated in a crime.
