Inquire of flagrancy
The investigation of flagrancy is the Enquête of police force implemented in the cases of flagrancy. Defined by articles 53 and following CP, it caractery by the urgency of the situation.
This framework of investigation was created by the legislator vis-a-vis the need for a rapid penal reaction to put an end to the disorder caused by the infringement and to preserve the evidence. Starting from a situation of flagrancy, envisaged in article 53 of the Criminal procedure code, the investigation of flagrancy could be implemented. It then gives important capacities to the investigators to enable them to effectively fulfill their mission of judicial police.
The implementation
Conditions of implementation
Holding with the initial situation (4 cases of flagrancy)
- crime or offense which is currently made (must be revealed by an apparent index)
- crime or offense which has been just made (less than 12 midnight according to Jurisprudence)
- in a time very close to the action, the suspected person is continued by the public clamor
- in a time very close to the action, the person is found in possession of objects or traces and indices letting suppose that it took part in a crime or an offense
Holding with the gravity of the infringement: Concern that the crimes or punished offenses of sorrows of imprisonment
Actors
1) - Against which? : all people, excluded those which are protected by an immunity (ex: diplomatic agents and consular, Heads of foreign States) or by impunity (the President of the Republic, except high treason)
2) - By which: The implementation of this investigation is entrusted to a Judiciary police officer bus of the coercive measures are envisaged. The CP allots to these civils servant the main part of the capacities as regards flagrancy. agents of judicial police can also take part in this investigation s/s the control of the Judiciary police officer but they can only carry out noncoercive acts (except the interpellation).
3) - The Public prosecutor as for him does not have the quality of Judiciary police officer but it holds all the capacities of them. Its arrival on the spot deprives the Judiciary police officer; it can achieve all the acts of judicial police (except Police custody) or prescribe with the Judiciary police officer to continue the operations. It can also seize another Judiciary police officer of the continuation of the investigation.
Course of the investigation
Clean capacities of the Judiciary police officer
a) The maintenance of the witnesses on the spot: The Judiciary police officer can defend with any person to move away to the closure the observations
b) The Searching: It is possible in the residence of any person likely to have taken part in the accused facts or holding elements relative to these same facts. She is done in the presence of blamed, or a representative or 2 witnesses and by respecting the standard times except exceptions.
c) The Requisition S: To have recourse to any qualified person, to require a doctor at the request of police custody ...... etc d) Convocations of witnesses: The judiciary police officer can call any person likely to provide information (If she refuses, opinion is given to the public prosecutor which can force it to appear by the police force.) The people retained on the spot of noted can be forced to appear on the initiative of the Judiciary police officer. e) The police custody: The judiciary police officer can, for the needs for the investigation, to deprive of freedom a person. In this case there, it informs the public prosecutor immediately of it. The kept person at sight cannot be retained more than 24 hours without the authorization of the public prosecutor.
Acts being able to be deputy with the agent of Judicial police
-
interpellation: Only on the public highway (idem ordinary citizen Article 73 CP)
- hearings (and confrontations)