Article 79: Arrest by a private person

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2353/2530 (1987)

   Where the offense is not flagrant, private persons have no power to arrest under Section 79, and the person they try to arrest may lawfully resist.

   Two private individuals sought to arrest the defendant over an earlier assault on their companion, but the Court held that the assault was not a flagrant offense, so as mere private persons they had no authority to arrest under Section 79. The defendant therefore had a right to defend himself against being seized, although the Court went on to assess whether his response exceeded lawful self-defense.

2. Arrêt de la Cour suprême n° 2959/2567 (2024)

   A private person who catches another in a flagrant listed offense, such as theft, has authority under Section 79 to pursue and arrest in order to recover the property.

   The defendant, guarding a palm plantation, encountered the deceased and the injured party committing theft in his presence. The Court recognized that under Section 79 he had authority to pursue and arrest them to recover the stolen property, before going on to consider the separate question of provocation and the force he used.

3. Arrêt de la Cour suprême n° 767/2486 (1943)

   A private person has no power on their own to arrest for an offense such as illegal gambling that does not qualify under Section 79.

   The Court held that the offense of illegal gambling was not one a private person could arrest for on their own authority under Section 79. Because those seizing the gambling stakes were not acting as officers within their power, the property was not lawfully seized and the taking back of it by force did not amount to an offense against an official.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.