Abstract:
The characteristics of flagrant delicto play an important role in determining the effects
that the law established on it. This consists of two levels, First: the evidence of the crime
is derived from the case of flagrant delicto of crime itself, Second: the evidence is derived
from the physical part of the crime only. These characteristics are not absolute, since they
do not prejudice the authority of the police officer to control any evidence that appears
incidentally in the course of investigating the meant crime. Apart from the logical and the
moral part of it furthermore the determinant that derived from indication of the kind of
flagrant delicto is not depend on the detected crime only, But goes (beyond that) to the origin
of the crime, without its circumstances tightened and diluted.
It is enough for the criminal officer for the case of flagrant delicto to find the external
manifestations which indicate the crime without the need to prove the result of sincerity. Also
if it is approved that one element of the crime is not available, or defect of characterization
of crime, this will not void the procedures.
In addition, the case of accusation maybe produced from some investigation tasks, even if
the flagrant delicto is not spontaneous, but it should be licensed anyway by public prosecution.
In addition, in order to determine the invalidity of flagrant delicto (due to the illegality
of the proceedings that have been revealed), it is necessary to consider the nature of the
procedure and the circumstances of its commission. The invalidity of the procedures that
have resulted in the case of flagrante delicto invalidates it only in respect of the crime of the
proceeding, without the crime that might have been incidentally revealed in the capacity of
the act of flagrante delicto, regardless of its being originally unlawful.