CAT/C/75 page 66 “Article 193 bis. In pressing cases, the Public Prosecutor’s Office may order the detention of an individual on its own authority and in writing, stating its evidence for believing that: “(a) The suspect was involved in the commission of any of the offences categorized in the following article as serious; “(b) There is a well-founded risk that the suspect may evade justice; and “(c) Time, place or circumstances make it impossible to apply to the judicial authorities for an arrest warrant. “Any violation of this provision shall render the public prosecutor or official who unlawfully ordered the detention liable to criminal prosecution, and the suspect shall immediately be released.” 309. On consideration these constitutional and secondary provisions clearly mark the “scope” of the constitutional authorization for the detention of suspects taken in flagrante delicto and in pressing cases. Article 193 of the Federal Code of Criminal Procedure restricts cases of flagrante delicto to those in which the accused is surprised in the act of committing an offence; is pursued and caught immediately after having done so; is identified as the culprit by the victim, another witness at the scene or a fellow perpetrator; or clues or evidence are found that give reason to suppose that he was involved in the crime. In further support of the principle of legal certainty, it also establishes the condition that the crime must be one defined by law as serious; it sets a time limit - no more than 48 hours may have elapsed since the crime was committed; and it requires a preliminary investigation into the matter to have been launched and the crime to be still under investigation. 310. With regard to the authority of the Public Prosecutor’s Office to order detention in pressing cases, the requirements to be met are also outlined both in article 16 of the Constitution and in article 193 bis of the Federal Penal Code. These stipulate that the privilege is limited: it is legal only if exercised by the public prosecutor, and only if there is information to suggest that the suspect was party to one of the crimes which the law defines as serious; only, moreover, if there is a well-founded risk that the suspect may evade justice and time, place or other circumstance make it impossible to apply to the judicial authorities for an arrest warrant. Besides this, the constitutional provision itself establishes a means for the court to check on the legality of detention, since when the suspect is brought - forthwith - before it, it must rule whether the public prosecutor’s action was in keeping with the Constitution. If not, it will order the detainee’s release. 311. On the basis of these legal provisions, it may be concluded that, in the event of detention in flagrante delicto and in pressing cases, there is the possibility of holding the Public Prosecutor’s Office or official who unlawfully orders imprisonment or detention criminally liable. 312. Article 193 of the Federal Code of Criminal Procedure also provides for a preliminary review of authority to order detention in cases of flagrante delicto, stating that, in such cases, the Public Prosecutor’s Office shall order the detention of the suspect if the procedural requirements