RECOGNITION OF THE FLAGRANT CARRIED OUT IN THE POLICE INQUIRY PHASE

Abstract

The present work aims to carry out a critical reflection on how the lack of evidence in personal recognition affects the unfair conviction with non-compliance with article 226 CPP. It was decided to carry out a descriptive research, with a qualitative approach, where the bibliographical survey was carried out over a period of time, from 2017 to 2023. The present research brought a very significant basis, which was to analyze issues of unfair convictions due to lack of Furthermore, we sought to show the importance of the judicial position in carefully and clearly reviewing all the evidence, verifying the credibility of personal recognition, respecting the principle of legality. Upon concluding this study, we came to the understanding that to minimize the problems caused by the lack of evidence in personal recognition, it is important that the Courts adopt a more cautious and critical approach in relation to this identification technique.