Flagrant Crimes – Mohamed Al Marzooqi Advocates & Consultancy Lawyer Dubai Abu Dhabi Lawyer Drug Crime Drug Case WhatsApp: +971555570005
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Flagrant Crimes – Mohamed Al Marzooqi Advocates & Consultancy Lawyer Dubai Abu Dhabi Lawyer Drug Crime Drug Case WhatsApp: +971555570005

Flagrant Crimes

A Flagrant crime or what is known as flagrant delicto is the offense observed at time of its commission or after it has been committed. Crimes, in which its committers are seized upon people shouting or seized with objects or weapons indicate that they are the crime doers within the first twenty four hours of the crime occurrence, are considered flagrant crimes.
The legislator gives the flagrant crime great importance as its commission justifies violating the public rules in the investigation procedures. In case of a flagrant offense, the doer and whoever contributes in the crime can be seized without a judicial warrant. Inspection and investigation can be executed by the judicial officer without a permission from the Public Prosecution.
The crime is considered flagrant at the following cases:

First: watching the offence when committed
The flagrant offense can be recognized by vision, and this is the origin, but vision is not stipulated to consider the crime as flagrant. It is enough to recognize it by any sense.
Watching someone shooting another, hearing sound of a gunshot, smelling a burning drug out of a window and tasting poison in a drinking pot are sufficient to file a flagrant crime.
It is not necessary to know the crime doer as the state of the criminal offense accompanies the crime itself not its committer. Elements of the legal crime are not stipulated to be available or fixed on the accused but there should be at least evidence for the crime occurrence. A person who holds a prohibited weapon is considered in a state of flagrant crime allows to arrest him, even if he has a license which he has missed or kept in his village.
This means that existence of external manifestations which predict committing the act constituting the crime is enough for establishing the flagrant offense, even if the investigation after that proves absence of a crime.
Whoever is found among citizens in a crowded place in a suspicious position, and tries to escape when he sees the security men, can be arrested, inspected and investigated with.

Second: Watching the Crime after being Committed
The crime is considered flagrant if the doer has been seen after committing his crime or effects of the crime have appeared after a short while of its commission. If fire broken out by the crime doer at the place of fire has been seen, although the crime of breaking out fire has been done and finished with fire outbreak, but continuity of its effects makes the crime flagrant even there is time between fire outbreak and seeing its results, but no determined time can be assigned between the act occurrence and seeing the doer, or between the act occurrence and seeing its effects.
The rule … is that time must be later than the crime time. This means that the criminal movement is still continuous, but the legislator set a maximum limit for this time, twenty four hours.

Third: Arresting the Doer upon people’s Shouting
The truth is it is intended from this state that the victim follows the crime doer at time of its occurrence, or to be followed by another person, then to refer to him in front of people that he has committed the crime, and they catch him.
It is not required for the offense to be flagrant that shouting becomes in loud voice, but it is enough for the voice to be heard and predicts an appeal for help to arrest the criminal. It is not required as well that many persons follow the criminal. It is enough that one person sees him, follows him and shouts for appeal to arrest the criminal.
It is necessary to differentiate between people’s shouting and a rumor. If it is rumored that a particular person has committed the crime, such a rumor is not enough to make the crime flagrant.

Fourth: Viewing the Crime Evidence:
The state of a flagrant offense is considered valid if the doer is arrested with things, weapons or documents which prove that he is the crime doer within twenty four hours from the time of crime occurrence.
Within the twenty four hours following the crime occurrence, if any evidence such as instruments, weapons and documents, which prove that whoever holds them is the doer or his partner, is found with the criminal act doer, the state of a flagrant crime is considered valid.
Even if there are any effects or signs indicating a crime, the state of a flagrant crime is considered valid as well, such as recent scratches on the doer’s face indicating his quarrel with others if the offence is hurt, and if traces of blood are seen on a body of a car passed from the place where a body of a man died because of an accident was found, because these effects of the crime are not less important than weapons, instruments and documents found with the doer.

Fifth: Occurrence of a Crime inside a House
If a family has been absent from their house and when they returned they discover a theft, discovering the crime suddenly makes the crime flagrant even if a period more than twenty four hours has passed between occurrence of the crime and its discovery.
It is not required that the house owner reports the crime but it is sufficient to inform a habitant so that the judicial officer or the Public Prosecution can take over the investigation.
Discovering a dead body in a house rises suspicion for murder, and in this case investigation in the incident must commence immediately.

The legislator has determined forms of the flagrant crimes exclusively because of the serious consequences of considering these forms. If no form of the crime aforementioned is available, the crime cannot be considered flagrant.
In case of a flagrant crime, quick actions are taken to find the doers, and to discover its circumstances before losing its effects. Speed discovery of the crime requires recruiting all the available potentialities and providing all competent capacities for suppression of the crime and in order to arrest the doer and his partners and to refer them to judiciary. These quick procedures are taken by the judicial officer or the Public Prosecution.

Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE

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