5 Critical Powers of Citizens in Flagrante Delicto

5 Critical Powers of Citizens in Flagrante Delicto, None of us are wishing to witness a crime, but what must be done when such a situation is being encountered is vital. Did you know that when a theft, assault, or another crime is being committed in front of your eyes, you can intervene within legal limits instead of remaining silent? This special situation, called “in flagrante delicto,” is granting certain powers not only to law enforcement forces but also to every citizen. However, the use of these powers can also lead to serious legal consequences. In this article, the legal definition of the state of in flagrante delicto, the legal powers and responsibilities of a citizen in this situation, and most importantly, how to act correctly without losing rights will be addressed in all details.

1. What is the State of In Flagrante Delicto? Legal Definition and Types

5 Critical Powers of Citizens in Flagrante Delicto. The state of in flagrante delicto is expressing the situation where perpetrators are being apprehended while a crime is being committed or immediately after it has been committed. In the Turkish Code of Criminal Procedure’s (CMK) Article 2 (j) paragraph, the state of in flagrante delicto is being defined in three different ways:

• The crime being committed: It is the apprehension of the perpetrator at the moment they are carrying out the act that constitutes a crime. For example, a person being apprehended at the moment they are trying to break a shop window and enter is within this scope.
• The act that has just been committed: It is the apprehension of the person immediately after the crime has been completed, being pursued by law enforcement, the person harmed by the crime, or others. For example, the apprehension of a perpetrator who is trying to escape from the scene of the crime after having assaulted a person with a phone, by the victim or witnesses is an example of this situation.
• The act that has been committed a very short while ago: It is the situation of a person being apprehended with an item or evidence showing that the act has been committed a very short while ago. The finding of a tool used in the crime or a stolen item on the perpetrator and this situation being detected immediately after the incident is being evaluated within this scope.

The state of in flagrante delicto is of great importance in the criminal procedure process in terms of the evidence being fresh and the criminal being prevented from escaping.

2. The Citizen’s Power of Arrest in the State of In Flagrante Delicto

CMK’s Article 90 is explicitly stating that everyone can make a temporary arrest in the state of in flagrante delicto. This power is arising from a legal necessity and the aim of protecting public order. For this power to be used, one of the following two conditions must exist:

• A person being found committing the crime: This is covering the situations of “the crime being committed” and “the act that has just been committed” mentioned above.
• The possibility of the person being pursued for an in flagrante delicto act escaping, or the lack of an immediate possibility of determining their identity: This situation, especially in moments when the identity of the perpetrator is not known or the danger of escape is high, is putting the citizen’s quick action on a legal basis.

This power is playing a vital role in preventing the perpetrators of the crime from escaping, preventing the evidence from being lost, and protecting public order during the time until law enforcement forces are arriving at the scene.

3. The Citizen’s Legal Obligations After an Arrest

5 Critical Powers of Citizens in Flagrante Delicto. The power of arrest that is being made by a citizen is not including the power of detention or arrest. After the arrest procedure has been completed, the person who has carried out the arrest has legal obligations. These obligations are:

• Immediately Informing Law Enforcement Forces: After the arrest procedure has been carried out, the closest law enforcement unit (police or gendarmerie) must be informed of the situation immediately. The apprehended person must be handed over to law enforcement forces without losing time.
• Showing Respect for Rights and Freedoms: The physical integrity of the apprehended person must not be damaged and the person must not be deprived of their fundamental rights. The power of arrest is not granting the power to commit torture, ill-treatment, or arbitrary restrictions.
• Protection of Evidence: The utmost care must be shown for the evidence at the scene of the incident not to be lost or damaged.

The failure to comply with these obligations can give rise to legal responsibility for the person who has made the arrest. For example, in the case of the apprehended person being damaged, an investigation can be initiated against the person who has made the arrest on the grounds of having committed the crime of “injury.”

4. The Difference Between In Flagrante Delicto and Detention

One of the topics that citizens are confusing the most is the difference between arrest and detention.

• Arrest: It is the temporary restriction of a person’s freedom. It can also be made by a citizen in the state of in flagrante delicto. Arrest is being accepted as a measure of protection.
• Detention: It is the deprivation of a person’s freedom for a period of time for the completion of investigation procedures with the order of the public prosecutor. The power of detention belongs only to the public prosecutor and in certain situations to law enforcement chiefs. A citizen does not have the power to give a detention decision. After the apprehended person has been handed over to law enforcement forces, the decision on whether they will be detained or not is being made by the prosecutor’s office.

The distinction between these two concepts is determining the limits of the citizen’s power clearly. It is unlawful for a citizen to keep a person they have arrested in detention or to interrogate them, and this can constitute a crime that is dependent on a complaint.

5. The Importance of the State of In Flagrante Delicto in the Legal System

The state of in flagrante delicto is of critical importance for the justice system to work quickly and effectively. The intervention at a moment when the evidence is fresh and the criminal has not yet found an opportunity to escape is facilitating the trial process to a great extent. In addition, this concept is also playing a vital role in terms of the protection of public order, the prevention of crime, and the minimization of victimhood. In our law, the empowerment of the citizen, although it is exceptional and limited, is assigning an important duty to citizens in the administration of justice.

The state of in flagrante delicto is a situation where every citizen is being equipped with legal powers when they are encountering a crime. However, it must not be forgotten that this power is being limited only to preventing the perpetrators of the crime from escaping and ensuring the protection of evidence. Citizens must hand over the person they have arrested to law enforcement forces immediately and must not go outside of legal limits. Otherwise, an innocent attempt at intervention can turn into a process that is full of legal responsibilities.