Flagrancy on Violence against Women Crimes (Ruling from Supreme Court)

Brief Description

The Constitutional Division of the Supreme Court has ruled that the concept of flagrancy applies, under article 44, paragraph 1, of the Constitution, to crimes of violence against women. It is important to note that the nature of these offences means that they can be difficult to prove, since it can be difficult to apply the concept of flagrancy to them in the usual manner, which could leave female victims without recourse to positive measures of protection for preventive purposes. The test for flagrancy must be required in a form and to a degree corresponding to the offence; if direct evidence was always required to make a preventive arrest of offenders in crimes of violence against women (which are usually carried out in a private setting), such crimes would risk going unpunished. For this reason, a window of 24 hours has been established, during which an offence of this nature may be considered to be carried out in flagrante delicto.