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Where there is no law, there is no crime.
22/10/2019
There are two reasons why it may seem that you do not need to read such texts: blind faith in the law or disbelief in it.
In the first case, you think that the police will never be interested in you, because you do not violate anything. But alas, the reasons for interest on the part of law enforcement agencies can be completely different.
Why can you be detained?
By law, a police officer can not go to the first comer and wring his hands. The grounds should be already in order to simply check your documents. A police officer may ask to see a passport if:
He suspects you of committing a crime.
You committed an administrative offense.
There are reasons to believe that you are wanted.
There are grounds to detain you.
As for the last point, these bases too are registered in the law the Federal law "About police" of February 7, 2011 N 3-FZ. You may be detained if:
You are suspected of committing a crime.
The court has ordered your detention.
You are evading punishment or court-ordered involuntary treatment.
You're wanted.
You tried to enter the protected object (but for a period of not more than three hours).
You tried to kill yourself.
You have signs of mental illness, you can be dangerous to others.
What to pay attention to at the time of detention?
At check of documents or detention the police officer is obliged to sound the position, a rank and a surname, to show the official certificate, to explain the reason of the address.
Try to remember these data and the details of what will happen in the future. The information will be useful when meeting with a lawyer and drafting complaints and appeals.
By the way, the law does not forbid to remove the police officer at execution on video. Doing it yourself is likely to be problematic. But, if you were walking with someone, let the companion take advantage of this opportunity. It is better to choose such a perspective, so that it can be seen exactly what a law enforcement officer is doing.
The leading lawyer of the European legal service Oleg Cherkasov advises to write down and keep the helpline of the Ministry of internal Affairs of your region. You can find it on the Department's website, in the "Contacts" section.
If a police officer knowingly acts illegally, it is likely that after your call, he will abandon his intentions.
How to behave in detention?
Try to remain calm, do not be rude and do not make sudden movements that can be qualified as the use of violence against a representative of the authorities. Don't try to hide from the police.
Try not to pick up anything that does not belong to you, even if you persistently handed a bag or a weapon with a request to identify.
What to do in the first place after the arrest?
If you feel that something is wrong, it is important to find a lawyer as soon as possible. Do not count on the defender provided by the state: he may not be financially interested in the success of the case, as his fee will be in any case. Plus it's the first time he's seen you, and he still has work to do with the cops.
The law gives the right to one telephone conversation with relatives (spouse, parents, children, adoptive parents, adopted, siblings, grandparents, grandchildren).
It is important that we are talking about exactly the conversation. If you do not get through the first time, to deny you repeated attempts have no right.
Call the loved one who will not waste time on lamentations and as quickly as possible will find you a lawyer. Now it is more important than emotions as the purpose of a call registered in the law-to notify about detention and a location. Although the duration of the conversation and unlimited, it is unlikely you will be given time for long explanations.
To give you the opportunity to contact loved ones, the police must not later than three hours after the arrest.
What to say and what to sign?
A report must be drawn up within three hours. It specifies the date and time of the Protocol; the date, time, place, grounds and motives for the detention of the suspect; the results of his search and other circumstances.
A lot depends on the documents you sign before meeting with a lawyer, so be careful.
Errors in the Protocol will help to extend the time until the meeting with the human rights defender. If the circumstances of your words are recorded incorrectly, the facts are distorted, do not sign the document-your right. However, it will be difficult to use it if you are under pressure.
It is very important to find a lawyer in time: he will help to prevent violations during detention. Unfortunately, ill-treatment of detainees and torture are not horror stories for adults, but a possible reality. Police from St. Petersburg extinguished cigarette butts on the suspects, poured boiling water on them. In Buryatia, detainees were tortured with a stun gun and strangled.
In addition, your refusal to sign the Protocol has no significant legal significance. It is better not to refuse to sign the Protocol, since in this case you do not Express any objections to its content. The fact of refusal to sign in any case will be certified by witnesses, your position will remain unheard and will not be reflected in the documents.
If you sign the Protocol, make sure that everything is recorded correctly in it, and fill in the empty spaces with dashes: this will help to avoid falsification. Ask for copies of the protocols so that you have the documents in their original form in case there is something added. Or specify under the Protocol that it is written incorrectly, and put the signature only after that.
Remember: you can refuse to testify against yourself on the basis of article 51 of the Constitution of the Russian Federation. You may be told that it is profitable to cooperate with the investigation. But if you are not guilty of anything, you simply do not have the opportunity to compromise and not to slander yourself.
How long do they have the right to detain you?
The term of administrative detention should not be more than three hours. The period may increase to 48 hours if it is necessary to establish your identity or the violation involves administrative arrest.
When detained in a criminal case, the term is 48 hours. If during this time you have not been charged and the court has not ruled on a measure of restraint in the form of detention or extension of detention, you must be released.
If the court decides to extend the period of detention, its total time may not exceed 120 hours.
What other rights do you have?
In addition to the right to call and the ability not to testify against yourself, you can claim:
The services of an interpreter.
Medical care.
Hot food if you're delayed more than three hours.
A place to sleep if you are detained at night.
What you need to remember?
Do not resist the police and do not try to escape.
Try not to touch with your hands what does not belong to you.
Find out who is holding you and on what grounds.
Demand as soon as possible to give you the opportunity to call loved ones.
During a conversation with a loved one, solve the most important question — about a lawyer.
Watch what you sign.
In the first case, you think that the police will never be interested in you, because you do not violate anything. But alas, the reasons for interest on the part of law enforcement agencies can be completely different.
Why can you be detained?
By law, a police officer can not go to the first comer and wring his hands. The grounds should be already in order to simply check your documents. A police officer may ask to see a passport if:
He suspects you of committing a crime.
You committed an administrative offense.
There are reasons to believe that you are wanted.
There are grounds to detain you.
As for the last point, these bases too are registered in the law the Federal law "About police" of February 7, 2011 N 3-FZ. You may be detained if:
You are suspected of committing a crime.
The court has ordered your detention.
You are evading punishment or court-ordered involuntary treatment.
You're wanted.
You tried to enter the protected object (but for a period of not more than three hours).
You tried to kill yourself.
You have signs of mental illness, you can be dangerous to others.
What to pay attention to at the time of detention?
At check of documents or detention the police officer is obliged to sound the position, a rank and a surname, to show the official certificate, to explain the reason of the address.
Try to remember these data and the details of what will happen in the future. The information will be useful when meeting with a lawyer and drafting complaints and appeals.
By the way, the law does not forbid to remove the police officer at execution on video. Doing it yourself is likely to be problematic. But, if you were walking with someone, let the companion take advantage of this opportunity. It is better to choose such a perspective, so that it can be seen exactly what a law enforcement officer is doing.
The leading lawyer of the European legal service Oleg Cherkasov advises to write down and keep the helpline of the Ministry of internal Affairs of your region. You can find it on the Department's website, in the "Contacts" section.
If a police officer knowingly acts illegally, it is likely that after your call, he will abandon his intentions.
How to behave in detention?
Try to remain calm, do not be rude and do not make sudden movements that can be qualified as the use of violence against a representative of the authorities. Don't try to hide from the police.
Try not to pick up anything that does not belong to you, even if you persistently handed a bag or a weapon with a request to identify.
What to do in the first place after the arrest?
If you feel that something is wrong, it is important to find a lawyer as soon as possible. Do not count on the defender provided by the state: he may not be financially interested in the success of the case, as his fee will be in any case. Plus it's the first time he's seen you, and he still has work to do with the cops.
The law gives the right to one telephone conversation with relatives (spouse, parents, children, adoptive parents, adopted, siblings, grandparents, grandchildren).
It is important that we are talking about exactly the conversation. If you do not get through the first time, to deny you repeated attempts have no right.
Call the loved one who will not waste time on lamentations and as quickly as possible will find you a lawyer. Now it is more important than emotions as the purpose of a call registered in the law-to notify about detention and a location. Although the duration of the conversation and unlimited, it is unlikely you will be given time for long explanations.
To give you the opportunity to contact loved ones, the police must not later than three hours after the arrest.
What to say and what to sign?
A report must be drawn up within three hours. It specifies the date and time of the Protocol; the date, time, place, grounds and motives for the detention of the suspect; the results of his search and other circumstances.
A lot depends on the documents you sign before meeting with a lawyer, so be careful.
Errors in the Protocol will help to extend the time until the meeting with the human rights defender. If the circumstances of your words are recorded incorrectly, the facts are distorted, do not sign the document-your right. However, it will be difficult to use it if you are under pressure.
It is very important to find a lawyer in time: he will help to prevent violations during detention. Unfortunately, ill-treatment of detainees and torture are not horror stories for adults, but a possible reality. Police from St. Petersburg extinguished cigarette butts on the suspects, poured boiling water on them. In Buryatia, detainees were tortured with a stun gun and strangled.
In addition, your refusal to sign the Protocol has no significant legal significance. It is better not to refuse to sign the Protocol, since in this case you do not Express any objections to its content. The fact of refusal to sign in any case will be certified by witnesses, your position will remain unheard and will not be reflected in the documents.
If you sign the Protocol, make sure that everything is recorded correctly in it, and fill in the empty spaces with dashes: this will help to avoid falsification. Ask for copies of the protocols so that you have the documents in their original form in case there is something added. Or specify under the Protocol that it is written incorrectly, and put the signature only after that.
Remember: you can refuse to testify against yourself on the basis of article 51 of the Constitution of the Russian Federation. You may be told that it is profitable to cooperate with the investigation. But if you are not guilty of anything, you simply do not have the opportunity to compromise and not to slander yourself.
How long do they have the right to detain you?
The term of administrative detention should not be more than three hours. The period may increase to 48 hours if it is necessary to establish your identity or the violation involves administrative arrest.
When detained in a criminal case, the term is 48 hours. If during this time you have not been charged and the court has not ruled on a measure of restraint in the form of detention or extension of detention, you must be released.
If the court decides to extend the period of detention, its total time may not exceed 120 hours.
What other rights do you have?
In addition to the right to call and the ability not to testify against yourself, you can claim:
The services of an interpreter.
Medical care.
Hot food if you're delayed more than three hours.
A place to sleep if you are detained at night.
What you need to remember?
Do not resist the police and do not try to escape.
Try not to touch with your hands what does not belong to you.
Find out who is holding you and on what grounds.
Demand as soon as possible to give you the opportunity to call loved ones.
During a conversation with a loved one, solve the most important question — about a lawyer.
Watch what you sign.