09 Nov citizen's arrest
In shutdown issue in flagrante delicto, the integration of the hypothesis of 'almost flagrante' presupposes that the police perceive directly the elements which suggests a high probability the responsibility of the person arrested and, then, need there is direct perception of 'surprised' with suspect's things or tracks from which it appears that he has committed the offense immediately before. What must be excluded in cases involving arrest operated by the police on the basis of the information provided by the victim or a third party despite the immediacy of the fact. Unlike, It must be regarded as the 'almost flagrance' in case, precisely on the basis of these indications, the judicial police has had a chance to appreciate directly the elements which suggests a high probability the responsibility of the person arrested (Cass. 37303/19).