Being arrested, or seeing a loved one deprived of personal liberty, is a moment of profound disorientation and concern. In these circumstances, the timeliness and correctness of the procedures adopted by law enforcement are fundamental, but not always free from flaws. As a criminal lawyer in Milan, lawyer Marco Bianucci understands the urgency of the situation and analyzes every detail of the arrest report with extreme rigor, verifying that the legal prerequisites have been strictly respected.

The Regulatory Context: Quasi-Flagrante Delicto and Its Limits

In our legal system, arrest in flagrante delicto is a pre-cautionary measure that deprives a person of liberty before a judge's intervention. The law distinguishes between flagrante delicto in the strict sense, meaning when a subject is caught in the act of committing the crime, and so-called quasi flagrante delicto. The latter occurs when the person is caught immediately after the crime, pursued by judicial police, the victim, or other individuals, or when they are found with items or traces that make it evident they committed the crime immediately before.

The crucial point of quasi flagrante delicto lies in the concept of pursuit. Jurisprudence requires that the pursuit be characterized by a close temporal and spatial continuity between the moment of the act and the moment of capture. If law enforcement loses sight of the suspect, even for a brief period, and subsequently tracks them down through independent investigations or delayed reports, this continuity is broken. In such cases, the pursuit is considered to lack continuity, and the arrest loses its legitimacy, becoming an unlawful act.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert criminal lawyer in Milan, focuses on the meticulous analysis of the documents drawn up by law enforcement in the very first hours following the event. The primary objective is to dismantle the presumption of legitimacy of the arrest when the temporal and factual requirements of quasi flagrante delicto are missing.

The defense strategy involves an in-depth study of the timelines reported in the official reports, the potential acquisition of video surveillance footage, and the cross-analysis of testimonies. If it emerges that the pursuit was interrupted, or that the possession of crime-related traces is not immediately subsequent to the act, lawyer Marco Bianucci intervenes directly at the validation hearing. The intention is to demonstrate to the Preliminary Investigations Judge that the prerequisites for validating the arrest are not met, requesting the immediate release of the client or the application of a less burdensome precautionary measure.

Frequently Asked Questions

What exactly does pursuit lacking continuity mean?

We speak of pursuit lacking continuity when law enforcement or witnesses lose direct and uninterrupted visual contact with the fleeing person. If the subject manages to disappear and is identified at a later time, perhaps in a different location and following searches based on descriptions or subsequent investigations, the immediacy required to justify arrest in quasi flagrante delicto is missing.

What happens if the judge does not validate the arrest?

If, during the validation hearing, the judge ascertains that the arrest was carried out outside the cases strictly provided for by law, for example, due to a lack of continuity in the pursuit, they issue an order of non-validation. This results in the immediate return of freedom for the detained person, unless the judge still considers there to be serious evidence of guilt and specific precautionary needs that justify issuing a separate and reasoned custody order.

Is it enough to be found with suspicious objects to be arrested in quasi flagrante delicto?

No, the mere possession of objects or traces is not sufficient on its own to legitimize the measure. The law requires that these elements make it unequivocally clear that the subject committed the crime immediately before. If a significant amount of time has passed between the alleged commission of the act and the discovery of the traces, an arrest in quasi flagrante delicto cannot be made; instead, law enforcement must follow ordinary investigative procedures, informing the Judicial Authority.

Request a Case Evaluation

Facing criminal proceedings requires promptness and a solid defense strategy from the very first moments. The legitimacy of an arrest can heavily influence the entire subsequent judicial process. Contact lawyer Marco Bianucci for an evaluation of your case; the firm will analyze the dynamics of the facts and the documents drawn up by law enforcement with the utmost attention, ensuring rigorous legal assistance oriented towards the protection of your fundamental rights.