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The fact of detention, even administrative, is unpleasant in itself. You are taken from your usual sphere, from your usual daily routine to the police station. In this case, you need to pay close attention to the documents on the basis of which you are taken there, by what right, on what charge, what you have done, why you are being detained. And it is better to know your rights in advance.
Article 27.3 of the Code of Administrative Offenses of the Russian Federation provides for the possibility of administrative detention of a citizen for only two reasons:
1) To ensure a correct and timely investigation of the case of an administrative offense. The most common example is establishing the identity of the offender. When drawing up a protocol on an administrative offense, it is imperative to establish the identity, and if the offender does not have a passport with him, then the identity is established at the nearest territorial police department. In addition to the protocol on an administrative offense, a protocol on administrative detention will be drawn up (for 3 hours, no more).
2) Execution of the decision issued on an administrative offense. The most common example is deportation from the Russian Federation.
When can administrative detention not be used?
Detention cannot be used in the following cases:
- if the offense only entails a fine or a warning;
- if it is possible to draw up a report and establish the person's identity at the scene of the offense.
The time for which you can be detained
A person can be administratively detained for a period of 3 to 48 hours. Let me remind you that a person can only be detained for 3 hours when it is necessary to establish the person's identity. For offenses that entail more severe punishments than a fine or a warning, detention for up to 48 hours is possible, but no more.
Accept the fact that if you have already been taken to the department, you will be released from there in five or six hours, until all procedures are completed; this is normal practice. Especially if you did not have your passport with you. After all, in the Russian Federation, only a passport is an identity document (Decree of the President of the Russian Federation of 13.03.1997 No. 232).
Who can issue a ruling on administrative detention?
Any law enforcement officers;
Rosgvardia officers;
State Traffic Safety Inspectorate (STSI) officers;
customs officers;
bailiffs.
In particular, for those administrative offenses that were committed and identified in the courtroom itself. A bailiff has the right to issue a protocol on an administrative offense as well as a protocol on administrative detention. However, everyone goes to court with a passport, which means the reason for detention must be more serious than a simple identification.
Who cannot be subject to administrative detention?
– foreign diplomats with immunity;
– judges;
– prosecutors;
– employees of the Investigative Committee;
– military personnel (they have a military police that does roughly the same thing).
Rights and responsibilities of a detainee. Practical advice
1) You have the right to make one phone call. That same notorious phone call that we know from Hollywood movies: “I have the right to call my lawyer.” You choose who you will call: a lawyer, your mother, friends...
2) You have the right to invite an interpreter and a lawyer, and while they are on their way, no administrative actions will be taken against you. You will sit and wait. But you need to state your demand to call a lawyer correctly: clearly state the lawyer’s full name, number in the lawyers’ register, and phone number. This will allow the investigator to identify your lawyer and make sure that you will be calling him.
3) You have the right to remain silent. That is, you may not answer the questions that you are asked and operate with the presumption of innocence. The presumption of innocence is the duty of law enforcement agencies to prove your guilt. Until it is proven, you are not obliged to justify yourself and prove the opposite. It sounds funny, but nevertheless, in some situations it works. Just keep quiet and do not answer questions.
4) You have the right not to sign the protocol if you do not want to. There is nothing terrible about this, and it is also illegal. Law enforcement officers will simply make a note that you refused to sign the protocol. But I advise everyone to read and sign the protocol - this gives the opportunity to write your own comments in the protocol. You need to read everything carefully, so that it does not turn out that you were detained for one offense, and something else, more serious, is written in the protocol.
The protocol must indicate the time, place and circumstances of the detention, who carried it out, on what grounds. You can personally write in this protocol all your comments and complaints about the actions of officials. I recommend everyone to write in their own hand directly in the protocol, and not in separate complaints. And then duplicate these complaints to the prosecutor's office or to the court.
Do not conflict with the police. This is unnecessary administrative, and in some cases, criminal liability (if you start a fight with them).
IMPORTANT!
The law imposes on the law enforcement officers who carried out the administrative detention the obligation to notify the person you name that you have been detained. They are required to do this within 3 hours from the moment of detention. When detaining a minor, law enforcement officers are generally required to inform his relatives and friends as soon as possible where he is and why he was detained.
Article 27.3 of the Code of Administrative Offenses of the Russian Federation provides for the possibility of administrative detention of a citizen for only two reasons:
1) To ensure a correct and timely investigation of the case of an administrative offense. The most common example is establishing the identity of the offender. When drawing up a protocol on an administrative offense, it is imperative to establish the identity, and if the offender does not have a passport with him, then the identity is established at the nearest territorial police department. In addition to the protocol on an administrative offense, a protocol on administrative detention will be drawn up (for 3 hours, no more).
2) Execution of the decision issued on an administrative offense. The most common example is deportation from the Russian Federation.
When can administrative detention not be used?
Detention cannot be used in the following cases:
- if the offense only entails a fine or a warning;
- if it is possible to draw up a report and establish the person's identity at the scene of the offense.
The time for which you can be detained
A person can be administratively detained for a period of 3 to 48 hours. Let me remind you that a person can only be detained for 3 hours when it is necessary to establish the person's identity. For offenses that entail more severe punishments than a fine or a warning, detention for up to 48 hours is possible, but no more.
Accept the fact that if you have already been taken to the department, you will be released from there in five or six hours, until all procedures are completed; this is normal practice. Especially if you did not have your passport with you. After all, in the Russian Federation, only a passport is an identity document (Decree of the President of the Russian Federation of 13.03.1997 No. 232).
Who can issue a ruling on administrative detention?
Any law enforcement officers;
Rosgvardia officers;
State Traffic Safety Inspectorate (STSI) officers;
customs officers;
bailiffs.
In particular, for those administrative offenses that were committed and identified in the courtroom itself. A bailiff has the right to issue a protocol on an administrative offense as well as a protocol on administrative detention. However, everyone goes to court with a passport, which means the reason for detention must be more serious than a simple identification.
Who cannot be subject to administrative detention?
– foreign diplomats with immunity;
– judges;
– prosecutors;
– employees of the Investigative Committee;
– military personnel (they have a military police that does roughly the same thing).
Rights and responsibilities of a detainee. Practical advice
1) You have the right to make one phone call. That same notorious phone call that we know from Hollywood movies: “I have the right to call my lawyer.” You choose who you will call: a lawyer, your mother, friends...
2) You have the right to invite an interpreter and a lawyer, and while they are on their way, no administrative actions will be taken against you. You will sit and wait. But you need to state your demand to call a lawyer correctly: clearly state the lawyer’s full name, number in the lawyers’ register, and phone number. This will allow the investigator to identify your lawyer and make sure that you will be calling him.
3) You have the right to remain silent. That is, you may not answer the questions that you are asked and operate with the presumption of innocence. The presumption of innocence is the duty of law enforcement agencies to prove your guilt. Until it is proven, you are not obliged to justify yourself and prove the opposite. It sounds funny, but nevertheless, in some situations it works. Just keep quiet and do not answer questions.
4) You have the right not to sign the protocol if you do not want to. There is nothing terrible about this, and it is also illegal. Law enforcement officers will simply make a note that you refused to sign the protocol. But I advise everyone to read and sign the protocol - this gives the opportunity to write your own comments in the protocol. You need to read everything carefully, so that it does not turn out that you were detained for one offense, and something else, more serious, is written in the protocol.
The protocol must indicate the time, place and circumstances of the detention, who carried it out, on what grounds. You can personally write in this protocol all your comments and complaints about the actions of officials. I recommend everyone to write in their own hand directly in the protocol, and not in separate complaints. And then duplicate these complaints to the prosecutor's office or to the court.
Do not conflict with the police. This is unnecessary administrative, and in some cases, criminal liability (if you start a fight with them).
IMPORTANT!
The law imposes on the law enforcement officers who carried out the administrative detention the obligation to notify the person you name that you have been detained. They are required to do this within 3 hours from the moment of detention. When detaining a minor, law enforcement officers are generally required to inform his relatives and friends as soon as possible where he is and why he was detained.
