Legal Definitions - flagrante delicto

Flagrante Delicto

Flagrante delicto is a Latin legal term that describes the situation where someone is caught in the very act of committing a crime. It literally translates to "in blazing offense" and refers to the immediate and direct observation of an individual performing an illegal act. When someone is apprehended in flagrante delicto, it means they were discovered while the crime was still in progress, leaving little doubt about their involvement.

Here are some examples to illustrate this concept:

• Example 1: Shoplifting

  A store security guard observes a customer on surveillance cameras taking an item from a shelf, concealing it in their bag, and then attempting to leave the store without paying. The guard intercepts the customer just as they pass the cash registers.

  This illustrates flagrante delicto because the customer was caught in the exact moment of committing the theft—they had taken the item, concealed it, and were trying to exit the store without payment, all directly observed by the security guard.

• Example 2: Vandalism

  A police officer is on patrol and sees an individual actively spray-painting graffiti onto the side of a public building. The officer pulls over immediately and approaches the person, who still has the spray can in hand and fresh paint on the wall.

  This illustrates flagrante delicto because the officer witnessed the act of vandalism as it was happening. The individual was directly observed in the process of defacing the property, leaving no ambiguity about their involvement in the crime.

• Example 3: Burglary

  A neighbor looks out their window and sees someone using a crowbar to pry open the back door of the house next door, which they know is currently unoccupied. The neighbor immediately calls the police, who arrive within minutes to find the individual still attempting to force entry.

  This illustrates flagrante delicto because the individual was apprehended while actively engaged in the act of breaking into the house. They were caught in the midst of committing the burglary, with the tools and evidence of the ongoing crime present.