التلبس بالجرم.

Abstract

The Code of Criminal Procedure contains a set of procedural institutions aimed at achieving the objectives of this law, well known to specialists, namely the protection of the right of the accused and the protection of the law of society. Criminal repression of crimes must be carried out in a reasonable and even rapid time the flagrante delicto is one of these very important institutions, the concept of flagrante delicto is defined with precision, the procedures in case of flagrance are well chosen to serve the principle fair trial and keep the presumption of innocence. The conceptual framework of flagrante delicto has been identified for a long time especially with the law of 20 May 1863 on the investigation of flagrant offenses before the French correctional courts, which has been in place until now, while the procedural framework had evolved towards the well-known system of immediate appearance in place of the flagrante delicto procedure, which has been annulled, which means a reduction of the role of the judicial police to the prosecution service, which immediately put the process under way to prepare an action in justice to be tried by the trial judge, this measure relates to simple offenses, however the crimes retain all the guarantees, especially about the investigation, the state of flagrancy therefore affect only on the preliminary investigation (the information). this study sheds light on the expansion of judicial police powers in cases of flagrant crime, which is not the same in ordinary cases, and also that the obtaining of evidence is limited by the principle of relativity, of which each trial must respect the private life, the individual liberty and the presumption of innocence, and that the procedural guarantees accompany all the penal action in order to preserve the principle of a fair trial, in particular the trial in reasonable time, the speedy trial is well guaranteed with the immediate appearance.