Meaning of Flagrance

What is Flagrancia:

Flagrante delicto is understood as the arrest of an individual who is caught and caught just at the moment he commits a crime. Flagrance is a word that derives from Latin flagrans, that indicates what is happening right now, that shines.

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

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

Flagrante delicto 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 offender to hand him over to the police.

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

See also Blatant.

Now, one can speak of flagrante delicto when any of these circumstances occurs:

  • When capturing an individual attempting to commit a crime.
  • When a person is caught committing a crime.
  • When capturing the individual after a crime after a chase or when listening to the cries for help of the witness or victim.
  • When the individual is captured with objects that involve him in the irregular act.
  • When the captured individual presents any 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 flagrante delicto cases are usually quick and easy. Generally, the judge responsible for the flagrante delicto case holds a hearing to which the victim has the right to attend, hear and testify.

Once the matter has been clarified, the judge will be responsible for issuing freedom or detention to the accused.

However, it should be noted that detentions through flagrante delicto can incur acts that violate people's rights, depending on the situation in which they occur. Hence, it is necessary to be sure of what is happening and then act accordingly.

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