When is arrest without a warrant allowed under Egyptian law?
Arrest without a warrant from the Public Prosecution is allowed only in cases of flagrante delicto (caught in the act), as stated in the Criminal Procedure Law.
A case of flagrante delicto exists if:
- The crime is seen while it is being committed
- The crime is discovered shortly after it is committed
- The offender is chased by the victim or by people while shouting
- The suspect is found shortly after the crime carrying tools, items, or traces that indicate he committed it
Outside these cases, arrest without a warrant is legally invalid.
What are the cases of flagrante delicto that allow arrest without a warrant?
The law strictly defines the cases of flagrante delicto, including:
- Seeing the crime while it is happening
- Seeing its direct effects immediately after it occurs
- Chasing the suspect by the victim or the public with shouting
- Finding the suspect shortly after the crime with its tools or evidence
The concept of flagrante delicto cannot be expanded or interpreted broadly.
Any arrest made without meeting these conditions is considered illegal and void.
Does arrest without a warrant invalidate the criminal case?
Arrest without a warrant does not automatically invalidate the criminal case itself, but it invalidates any procedures that result from it if the arrest was illegal.
If a search, confession, or seizure is based on an invalid arrest, those pieces of evidence must be excluded.
If they are the only evidence in the case, the court must rule acquittal.
Can a police officer search a suspect after arrest without a warrant?
A police officer may search the suspect only if the arrest itself is lawful and based on a real case of flagrante delicto.
If the arrest is illegal, any search following it is also illegal, and the evidence obtained cannot be relied upon, based on the rule:
“What is built on an invalid act is itself invalid.”
What is the effect of arrest without a warrant on the court’s judgment?
If arrest without a warrant is carried out illegally, all resulting evidence must be excluded, and the court cannot rely on it when forming its judgment.
If, after excluding this evidence, there is no certain proof of guilt, the court must rule acquittal, applying the principle that:
doubt is interpreted in favor of the accused.