CAT/C/75 page 65 305. It should be pointed out that article 16, third paragraph, of the Constitution provides for the possibility of arrest in cases of flagrante delicto: anyone may detain the suspect and turn him over without delay to the nearest authorities, who must turn him over just as promptly to the Public Prosecutor’s Office. 306. Article 193 of the Federal Code of Criminal Procedure reads: “Article 193. Flagrante delicto exists when: “I. The accused is surprised in the act of committing an offence; “II. The accused is pursued and caught immediately after having committed the an offence; or “III. The accused is identified as the culprit by the victim, another witness at the scene or a fellow perpetrator; the object, instrument or proceeds of a crime are found in his possession; or clues or evidence are found that give reason to suppose that he was involved in the commission of the crime, provided that the crime is one defined as serious by law, that no more than 48 hours have elapsed since the crime was committed, that a preliminary investigation has been launched and that the crime is still under investigation. “In such cases, the Public Prosecutor’s Office shall order the detention of the accused if the procedural requirements have been met and the offence warrants deprivation of liberty; or it shall order the release of the accused if the offence does not attract a penalty of deprivation of liberty or attracts an alternative penalty. “Any violation of the preceding provision shall render the person who orders unlawful detention liable to criminal prosecution, and the detained person must be immediately released. “If detention is ordered, the Public Prosecutor’s Office shall launch a preliminary investigation if it has not already done so.” 307. With regard to the second exception to the guarantee of detention under a court order, article 16, fourth paragraph, of the Constitution of the United Mexican States empowers the Public Prosecutor’s Office to order the detention of the suspect in pressing cases, on its own authority, when there is a serious crime as defined by law and a well-founded risk that the suspect may evade justice and it is impossible to apply to the judicial authorities because of time, place or circumstance; the prosecutor must state the evidence and rules on which the order is based. 308. The constitutional provision in question also provides that the detention must be confirmed by the court handling the proceedings and that, if these requirements are not met, the suspect must be released immediately. This provision is spelled out in detail in article 193 bis of the Federal Code of Criminal Procedure, which reads: