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    Flagrant crime in Greece

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    Flagrant crime in Greece

    The term “flagrant crime”, as referred to in Article 242 of Code of Criminal Procedure, is used to indicate that a criminal has been caught in the act, or that a crime was recently committed. Of course, all crimes pass through this stage. In case of a flagrant crime, however, what is crucial is the very act of committing an offence and the capture of the offender at this stage, namely “in flagrante delicto”.

    The first case, namely the capture of the offender upon committing the crime is clear. However, the second case, particularly the word “recently”, seems prima facie vague. In order to avoid the abuse of this term, the legislator sets the time limits of a flagrant crime up to the expiry of the whole day following the act’s perpetration. Initially, this provision was considered ambiguous in legal theory, but, according to the prevailing view, the time limit of a flagrant crime may extend until 12.00 o’ clock in the evening of the day following the crime’s commission, i.e. the maximum length of time in which an act may be considered a flagrant crime, is 47 hours and 59 minutes.

    The procedure related to flagrant crimes has some differences from the so-called ordinary procedure, the most important of which are as follows:

    1. A summary investigation is allowed, to be usually conducted by police officers -especially investigating officers- without a relevant public prosecutor’s order provided by law, in order to avoid losing precious time and evaluate the elements of the crime which are still recent and might contribute to the effective administration of justice.
    2. In case of misdemeanours where the procedure of flagrant crimes is followed, as previously described, the case is brought without any pre-trial procedure directly before One-Member or Three-Member Misdemeanours Court. The alleged offender, when brought before the court of flagrant crimes, has the right to request a three-day adjournment in order to prepare his defence. If the home address of the offender is confirmed, he/she is not held during the three-day adjournment period, as was the case until his bringing before the Court for trial, but is released.

    Finally, it should be noted that the offences committed via the Press are always considered as flagrant crimes, while those committed by juvenile perpetrators are not heard according to the procedure of flagrant crimes.

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