1Judicial police officers and agents shall arrest on a mandatory basis whoever is caught in flagrante delicto committing or attempting to commit a crime with intent, punishable by law by not less than five years’ imprisonment in the maximum term.
2Judicial police officers and agents shall be entitled to arrest whomever is caught in flagrante delicto committing or attempting to commit a crime with intent, punishable by law not less than two years’ imprisonment as a maximum term or committing a criminal offence by negligence punishable by law not less than ten years’ imprisonment as a maximum term.
3In case of necessity, due to the importance of the fact or danger posed by the offender, substantiated by a separate document, judicial police officers and agents shall be entitled to arrest anyone in flagrante delicto, even if the requirements under paragraph 2 are not met.
4In the cases provided for under paragraph 1, any person is authorised to arrest in flagrante delicto for crimes subject to prosecution ex officio. The person who has carried out the arrest shall immediately deliver the arrested to the judicial police, who shall keep the delivery minutes and provide a copy thereof.
EN