01
Legal issue
Objectively suspicious circumstances may justify an investigatory stop; if an officer then directly and certainly perceives an offence, a lawful state of flagrante delicto may arise.
02
Published principle
The Arabic judgment published by the Supreme Court is the primary source. The Russian, English and Chinese texts on this page are unofficial Smart Global Capital editorial accounts.
The official source contains the full judgment together with its published headnote and legal rule; the editorial account does not replace the Arabic original.
An investigatory stop is an action by a public-authority officer to investigate offences and identify offenders, justified by suspicion supported by the circumstances. It is permissible where a person voluntarily places themselves in a position of reasonable doubt requiring inquiry. If this leads to a state of flagrante delicto that a judicial-police officer directly and certainly perceives through one of their senses, that state is legally established and permits arrest measures.
03
Applicability
The principle does not authorise a search on suspicion alone. The full judgment separately records the accused’s written consent to the vehicle search; the legal basis and scope of any search must be assessed independently.
04
Related instruments
- Criminal Procedure Law, Articles 30 and 42
- Law on Combating Narcotic Drugs and Psychotropic Substances
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