Legal Definitions - flagrans crimen

flagrans crimen refers to a crime that is either currently being committed or has just recently occurred, making it "fresh" in the eyes of the law. It implies an immediate or very close temporal connection to the criminal act, often meaning the perpetrator is caught in the act or in the immediate aftermath.

• Example 1: Ongoing Theft
  A store security officer observes a shopper actively placing several items of clothing into a large, empty bag they brought with them, bypassing the checkout aisles. The officer intervenes before the shopper leaves the store.

  Explanation: This is a clear instance of flagrans crimen because the theft is in the very act of commission. The shopper is actively engaged in the criminal behavior, making it an ongoing offense caught in progress.

• Example 2: Immediate Aftermath of Assault
  A police officer on patrol hears a loud argument and then a scream. Rounding the corner, the officer sees one individual running away from a park bench, while another person is on the ground clutching their arm, shouting, "They just hit me and stole my phone!"

  Explanation: This situation represents a flagrans crimen because the alleged crime (assault and robbery) has just occurred. The perpetrator is in immediate flight from the scene, and the victim's fresh injuries and direct accusation provide strong evidence of the crime's very recent occurrence.

• Example 3: Vandalism in Progress
  A building superintendent is conducting a routine check and discovers a person actively spray-painting graffiti on the exterior wall of the building. The paint is still wet, and the person is holding the spray can.

  Explanation: This is an example of flagrans crimen because the act of vandalism is happening at that very moment. The perpetrator is caught in the act of defacing property, illustrating the "in the very act" aspect of the term.