The Determinants of the Sufficiency of the Indictments derived from the cases of flagrant delicto

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.