Arrest in flagrante delicto and immediate trial

Normally the direct trial is held when a person is arrested in flagrante delicto.

The art. 382 of the Criminal Procedure Code provides that:

Anyone who is caught in the act of committing the crime or who, immediately after the crime, is chased by the judicial police, by the offended person or by other people or is caught with things or traces from which it appears that he has committed the crime is in a state of flagrance. the offense immediately before(1).

In the permanent crime [158 penal code] the state of flagrancy lasts until the permanence has ceased.

arresto in flagranza

The most common cases of arrest in flagrante delicto are: theft, robbery, escape, drug dealing and resistance to a public official.

When a person is caught "in the act of committing a crime" he or she is stopped, arrested and taken to the security cells in the barracks to which the officers who made the arrest belong. Normally the process is carried out directly from the following day.

A public defender will be appointed at the hearing if the arrested person has not chosen a trusted criminal lawyer.

The Judge will then proceed in order to validate the arrest, to apply precautionary measures (precautionary custody in prison, house arrest, obligation to sign, ...) and finally to judge the arrested person for the contested crime.

Before the judgment it will be necessary to evaluate the type of ritual to be carried out to proceed with the judgment. You can opt for:

  • undergo an ordinary trial in which any witnesses will be heard
  • you can decide to negotiate
  • ask for probation if the crime allows it
  • choose an abbreviated procedure.

This choice must be carefully evaluated by the parties also on the basis of the elements contained in the file created by the police forces.

In the event of arrest, the suspect is given the opportunity to notify relatives, family members or people who can take action to appoint a lawyer and provide any necessary elements to choose the most suitable procedural path or to attempt an immediate release of the accused.

It is essential in cases of arrest in flagrante delicto to promptly contact a trusted lawyer. The lawyer Jawad Asmahi is also able to communicate directly with foreign defendants and family members, also speaking Arabic, English and French.

For urgent needs relating to arrests and immediate trials you can contact the lawyer directly. Asmahi. You can find the contact details inon the contact page of this site.

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