Abstract
In the case of flagrant offences, a special procedure may be applied, which provides for certain derogations from the general procedure. This special procedure is summary and urgent. In practice, the special procedure for the pro-secution and trial of flagrante delicto is at the discretion of the prosecuting authority and the prosecutor. Thus the special procedure for flagrante delicto is optional. For the frequent application of the special procedure, we propose that the prosecutor be obliged to order the prosecution to be carried out within a reduced time limit and to apply the provisions of the law on summary procedure, if at the beginning of the criminal prosecution no report has been drawn up in accordance with Article 515 of the Criminal Procedure Code.
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