Considerations regarding the application of procedure in criminal investigation and trial of flagrant crimes

Abstract

It is noted that the diversification of criminal proceedings according to the person accused or the act committed is a natural contemporary approach. Reality is leading to the emergence of new summary proceedings whose task is to help speed up the process, guaranteeing the rights of the individual. The article below analyses the procedure for the prosecution and trial of flagrante delicto offences. In this context, an attempt has been made to ascertain the nature of this procedure, its level of applicability in our system and any obstacles to its application. In this article, the following were examined: the purpose of the procedure for the prosecution of flagrante delicto offences; historical background; elements of comparative law; forms of flagrante delicto; application of procedural measures of constraint; the report of the flagrante delicto; the actual procedure for the prosecution and trial of flagrante delicto offences; results of the empirical study on the applicability of the procedure for the prosecution and trial of flagrante delicto offences - an empirical study was carried out on a sample of 40 persons among justice actors (judges, prosecutors, lawyers) on the applicability of the procedure for the prosecution and trial of flagrante delicto offences in the national system.