The term flagrante delicto offense (αυτόφωρο έγκλημα) refers to an offense that has just been committed, where the perpetrator is under pursuit.
A. What is a flagrante delicto offense
Pursuant to Article 242 of the Code of Criminal Procedure (KPD), the concept of “in the act of being committed” of a flagrante delicto offense also encompasses the attempt stage of an offense, as well as continuing offenses, hence their characterisation as “continuing flagrante delicto”. The flagrante delicto offense, the time limits of its applicability and its consequences are legal expressions whose meaning is generally understood by the public. Nevertheless, it may be useful to clarify once again what constitutes a flagrante delicto offense, as well as the time limits of its applicability and its consequences.
B. Time limits of applicability for the flagrante delicto offense
The prevailing legal view as to the maximum time limit of the flagrante delicto procedure is that it extends until midnight of the day following the offense. That is, if the offense is committed on Wednesday (even at 23:50), the flagrante delicto procedure ends at midnight on Thursday. It should be noted that, if the offense is committed on Thursday (even at 00:05), the flagrante delicto procedure ends at midnight on Friday (24:00). From the comparison of the two cases mentioned above as examples, it becomes clear that the flagrante delicto procedure lasts at most 47 hours and 59 minutes.
C. Procedure for the flagrante delicto offense
During the flagrante delicto procedure, the defendant is initially brought to the Police Station/Directorate, for identification and other formalities, where the “police preliminary investigation” is carried out without prior order from the public prosecutor. Subsequently, he is brought as soon as possible before the public prosecutor for criminal prosecution, who decides whether he will be tried immediately by the competent court, or whether an ordinary hearing date will be set. It should also be mentioned that, before being brought before the public prosecutor, the police officer – investigating official who arrested the perpetrator drafts the prescribed report and then informs the public prosecutor accordingly. This special summary procedure is followed only in cases where the offense concerns a misdemeanor, such as cases involving injuries, intentional or negligent bodily harm, thefts, livestock thefts, gambling offenses, unlawful possession of weapons or use of weapons, smuggling, drug trafficking, and special cases of unlawful fishing.
D. Points of attention regarding the flagrante delicto procedure
From the foregoing, it is therefore evident that the flagrante delicto procedure is particularly serious and onerous for the arrested person, and this is the reason why the perpetrator usually “hides” until the expiry of its time limit of applicability. In this way, he seeks to avoid immediate exposure and, through the time until the ordinary hearing date, to soften the impressions and the initial impact of the offense.
Finally, it is appropriate to mention some additional points:
- The flagrante delicto procedure applies to misdemeanors. In felonies, an investigation is always conducted.
- Offenses committed by minors are not tried as flagrante delicto.
- In a flagrante delicto offense that is prosecuted only following a formal complaint by the victim, the arrest of the perpetrator caught in the act is prohibited unless the victim’s formal complaint has first been filed (within the duration of the flagrante delicto period).
- Arrest within the framework of flagrante delicto has been held to be permissible in any case where the offense is continuing, such as offenses committed “through the press” (newspaper or magazine publications disseminating false information, etc.) or breach of an alimony order, while correspondingly, the provision that rendered the offense of “non-payment of debts to the State” a continuing one has been repealed.
E. Flagrante delicto and minors
Pursuant to Article 242§3 of the Penal Code (PK): Offenses committed by minors are NOT tried as flagrante delicto.
- See also article Medical Negligence
- See also article Child Pornography
- See also article Defamation
- See also article Bodily Harm
- See also article Narcotics
- See also article Fraud
- See also article Forgery
- See also article Embezzlement
- See also article Negligent Homicide
- See also article Tax Evasion
FREQUENTLY ASKED QUESTIONS ABOUT FLAGRANTE DELICTO
1. What does it mean that my relative was arrested in flagrante delicto?
It means that the offense has just been committed or that the perpetrator was found under pursuit within the time limit set by the Code of Criminal Procedure (KPD). The flagrante delicto procedure applies for a maximum period extending until midnight of the day following the commission of the offense, and concerns exclusively misdemeanors — not felonies, nor offenses committed by minors. The arrested person is taken to the Police Station for preliminary investigation and subsequently before the public prosecutor, who decides whether he will be tried immediately or whether an ordinary hearing date will be set. The speed of the procedure makes the assistance of a lawyer absolutely critical from the very first moment, in order to safeguard the rights of the defendant.
2. What can I do to avoid an immediate conviction?
The defendant has the right to request an adjournment of the trial in order to prepare his defense, which is generally granted where there is good cause. Upon adjournment, an ordinary hearing date is set, allowing sufficient time to gather witnesses and documents and to prepare standalone pleas. The lawyer examines whether the offense is established, whether there are procedural defects or unlawfully obtained evidence, and whether mitigating circumstances may be invoked (Article 84 of the Penal Code (PK)) so that any sentence imposed may be suspended (Article 99 PK), converted into a monetary penalty (Article 80 PK), or served as community service.
3. Is there a risk of imprisonment?
In misdemeanors tried under the flagrante delicto procedure, confinement in a correctional institution is the exception rather than the rule. In most cases, even if a custodial sentence is imposed, it is suspended, converted into a monetary penalty, or served as community service, particularly where the defendant has no prior convictions. The prosecutor’s decision to bring the case directly before the court does not automatically entail detention. With proper defense, use of mitigating circumstances and the submission of evidence of good character, the risk of actual deprivation of liberty is significantly reduced.
4. How long does the flagrante delicto procedure last?
From the time of arrest until being brought before the public prosecutor, several hours usually elapse, during which identification and the police preliminary investigation are carried out. Subsequently, if the public prosecutor decides on direct introduction to the courtroom, the trial may take place on the same or the following day. If an adjournment is granted, an ordinary hearing date is set, usually months away. Overall, the flagrante delicto procedure itself is concluded within 24 to 48 hours, but the final adjudication of the case may take considerably longer, particularly if an appeal is lodged against the first-instance judgment.
5. What documents and evidence do I need from the very first moment?
Useful documents are any that establish the defendant’s good character and social integration: a clean criminal record, employer’s certificate, tax clearance certificate, evidence of stable residence, and family status. Also, anything that contests the charge, such as defence witnesses, video recordings, messages, and medical opinions. In offenses prosecuted upon formal complaint (e.g. insult, simple bodily harm), it is examined whether a valid formal complaint has been filed within the duration of the flagrante delicto period, since its absence leads to acquittal. The lawyer advises which evidence must be gathered immediately.
6. What is the role of the lawyer in the flagrante delicto procedure?
The lawyer intervenes from the moment of arrest, is present during the defense statement before the public prosecutor, and represents the defendant in the courtroom. He safeguards the right to silence, examines the lawfulness of the arrest and the preliminary investigation, assesses whether the conditions of flagrante delicto are met or have expired, and submits a request for adjournment where necessary. In the courtroom, he raises standalone pleas, mitigating circumstances and objections. The firm’s experience in flagrante delicto cases enables prompt and targeted intervention, which is often the only way to prevent adverse consequences within the time that is counting down.