Rus Articles Journal

How to behave with police officers? Part 2

If you were detained by police, know that the law established the maximum terms of detention which police officers have no right to exceed.

1. Maximum term of administrative detention:

3 hours from the moment of bringing to premises of law-enforcement bodies or from the moment of sobering in case during detention you were in a condition of alcoholic or drug intoxication.
48 hours, if: 1) you made the offense encroaching on the mode of frontier of the Russian Federation and an order of stay in the territory of the Russian Federation; in internal sea waters, in the territorial sea, on a continental shelf, in the exclusive economic zone Russian Federation; the entailed violation of customs rules - with need for an identification or clarification of circumstances of an offense; 2) concerning you case of an administrative offense for which punishment in the form of administrative detention is prescribed is processed.

2. Detention term on suspicion of commission of crime:

no more than 48 hours from the moment of the actual restriction of a freedom of movement (before adjudication);
till 72 o`clock from the moment of adjudication about extension of term of detention with the instruction in the resolution of date and time to which term lasts.

Total period of detention cannot make more than 120 hours (5 days). After 120 hours you have to or be released in connection with non-confirmation of suspicion of commission of crime, or choose by a court decision concerning you a measure of restraint in the form of detention, or choose other measure of restraint which is not connected with restriction or imprisonment

If you were detained, you have a number of the rights :

- on one telephone conversation for the notification of your close relatives or close persons of detention and the location no later than 3 hours from the moment of detention, except for cases if you carried out escape from - under guards or mental health medical institution; you are wanted; you evade from serving sentence;
- on silence, including the right not to give the evidence against itself and the family;
- on protection (including judicial) and observance of a presumption of innocence;
- on receiving the help of the lawyer from the moment of detention and on refusal of giving explanations and indications without presence of the lawyer (If to you appoint the lawyer, you have the right to check his certificate and to write down for yourself its personal data.);
- on presentation of statements, complaints, petitions, including on the appeal of actions or inaction of police officers in a higher body or at the higher official, in bodies of prosecutor`s office or in court;
- on a translation service if Russian is not your native language (The staff of the Russian police only in Russian has to address you even if you are in the territory of any republic.) ;
- on acquaintance with all made documents and implementation of record in them with the objections.

If in the course of detention in relation to you physical force (for example, a beating is put) was used, and you consider that harm thereby was done to your health, can demand to call the emergency doctor to premises of law-enforcement bodies. If you left premises of Department of Internal Affairs, you also have the right to address immediately the expert for the purpose of survey and fixing of the injuries received by you (it can be both the emergency doctor, and the doctor of any emergency station).

The police officer has the right to use to you physical force in the cases and an order established by the law:

- for control of offenses and administrative offenses;
- for bringing and detention;
- for overcoming of counteraction to its legal requirements.

At use of physical force the police officer:

- it is obliged to warn about the intention and to give an opportunity and time for performance of its legal requirements;
- can not warn about use of physical force if delay creates threat for life and health of citizens or the police officer or can entail other heavy consequences;
- works taking into account a situation, character and degree of danger of your actions, character and force of resistance shown by you and seeks for minimization of damage.

If as a result of use of physical force the damage was caused to you, the police officer notifies your close relatives or close persons in perhaps short time, but no more than 24 hours.

Personal inspection and examination of things:

- are carried out for detection of tools of commission of crime or objects of an administrative offense;
- are carried out without violation of constructive integrity of the examined things;
- are carried out in the presence of witnesses, but in exceptional cases and without witnesses;
- in the presence of the bases to believe that at you there are a weapon or objects used as the weapon.

Personal inspection is made by the same-gender person with you in the presence of two witnesses of the same floor. The protocol is formed or entry in the protocol on bringing or in the protocol on administrative detention is made. The copy of the protocol on personal inspection, examination of things is handed to you at your request.

It is possible to complain of illegal actions of police officers in Departments of Internal Security of law-enforcement bodies and in prosecutor`s office.

I hope, for you and your relatives the councils given here will never be necessary.

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