Since the detention of a suspect affects personal freedom and the inviolability of a person, the legislation of the Russian Federation strictly regulates this process. Any deviation from the prescribed standards entails unreasonable restriction of freedom citizen, which means it is an offense.
The concept of "suspect" and its detention
According to the Code of Criminal Procedure, a suspect is a person in respect of whom:
- criminal proceedings have been instituted on the basis of this Code and in the manner established by it;
- detention in accordance with the law;
- a preventive measure was applied until the court sentenced;
- a notice of suspicion of a crime in accordance with Art. 223.1 of the Code of Criminal Procedure.
The concept of detention of a suspect implies a procedural measure of coercion, which is expressed in a short-term restriction of freedom and is carried out without permission or court order, if necessary, according to the law. The process occurs by applying a series of measures to a citizen, such as a search, interrogation, etc.
This method of coercion is used only in the presence of a criminal case and only in relation to persons suspected of a crime, the commission of which is punishable by imprisonment of the alleged offender.
The detention of a suspect is carried out by the competent authorities for the disclosure of a criminal case, the suppression of atrocities, the establishment of his identity, as well as to prevent evasion of the offender from responsibility. Persons entitled to carry out detention include: the inquiry officer, the head of the investigative department and the investigator, and the prosecutor.
According to the Constitution of the Russian Federation, a person cannot be limited in his own freedom without reason, he has the right to personal inviolability. Therefore, an arrest, detention or detention may not exceed 48 hours, unless otherwise decided in court.
Suspect Rights
A detained person has the right to:
- clarification and obtaining information about the reasons for his arrest;
- obtaining a copy of the decision to detain him or applying a preventive measure against him, as well as a copy of the minutes drawn up;
- giving testimony in his native language or in that which he is fluent in;
- free translator help;
- participation, with the permission of the investigator or interrogator, in investigative measures that are carried out at his request or at the request of the defense counsel (in this case, the suspect may familiarize himself with the minutes of such actions and submit comments on them);
- filing complaints about actions or omissions of authorities, court decision.
He may also provide evidence of innocence, challenge and petition, give evidence and explanations regarding his case.
From the moment when a suspect in a criminal trial is detained, the arrested person has the right to counsel. He can communicate with him privately, in private, and the first meeting will be made at will before interrogation. At the same time, if the defense counsel, summoned by the suspect, cannot appear in the appropriate place within 24 hours from the moment of detention, the interrogating officer or investigator appoints the defense counsel independently. If the arrested person refuses such a specialist, investigative actions are carried out without it.
Reasons for the detention
The grounds for the detention of a suspect are situations when:
- A citizen is caught on the spot during the crime or immediately after it.
- Witnesses, victims directly point to the person who committed the crime. At the same time, one eyewitness is enough to make a decision on detention. But he must directly see what is happening, guesses, information received by this person from third parties, are not taken into account.
- Obvious traces of a crime were found in a citizen’s home, on his face or clothing.
If the investigator, with the permission of the head of the investigating authority or the interrogating officer, with the consent of the prosecutor, submits a petition to the court for taking a preventive measure in the form of taking the alleged offender into custody, and such a motion is granted, then the person against whom this action occurred may also be detained.
The grounds for the detention of the suspect include cases in which a person who violates the law tries to hide, does not have permanent residence or his identity has not been established.
Detention order
The legislator establishes the following procedure for the detention of a suspect:
- After the suspect has been delivered to the investigating or inquiring agency, a relevant record is drawn up no later than three hours from this moment. This document notes that the arrested person is informed of his rights. As well as the protocol for the detention of the suspect should contain the date of its compilation, time, grounds and place of detention, information about the personal search. After drafting, the document is signed by the suspect and the person who compiled it.
- The investigator or the inquirer must inform the prosecutor in writing not later than 12 hours that the citizen was detained for one or another suspicion.
- The suspect must be interrogated in the manner prescribed by law.
- Before the interrogation is carried out, the detained person has the right to meet with his lawyer. The meeting takes place in private and is at least two hours. A longer meeting, if it is necessary to carry out procedural actions in the presence of the suspect, may be interrupted by the investigator or interrogator. In this case, the defender and his ward must be warned in advance.
The grounds and procedure for the detention of the suspect are enshrined in the Criminal Procedure Code of the Russian Federation. Namely, in Articles 91 and 92, respectively.
Detention Notice
After the suspect has been detained, his close relatives must be informed of this fact by the investigator or interrogator within 12 hours. If close relatives are absent, other, not close relatives are notified.
In the event that there is a detention as a suspected military officer, the command of his unit shall be notified about this, and upon the arrest of an employee of the internal affairs bodies, the head of this body.
If the suspect is a member of the public monitoring commission, the secretary of the Public Chamber of the Russian Federation and the commission itself are informed of his detention.
In the event that a suspect who is a foreign national is detained, the relevant embassy or consulate must be notified.
The investigator or the inquirer has the right not to warn about the fact of detention, if necessary for the investigation, and only with the permission of the prosecutor. However, this rule does not apply to situations with suspected minors.
Interrogation of a suspect
The process of apprehending a suspect involves a procedure such as interrogation.
Namely, after the arrest, the arrested must be questioned within 24 hours. The place and time of this event are prescribed in Art. 187 Code of Criminal Procedure. According to this article, interrogation takes place at the place of production. preliminary investigation. And if necessary, it can be carried out at the location of the suspect.
The procedural procedure for the detention of a suspect determines the following provisions regarding interrogation:
- continuous interrogation cannot last more than 4 hours;
- if necessary, it can be continued after an hour-long break for eating and resting the suspect, while during the day a person cannot be interrogated for more than 8 hours in total;
- if the suspect is sick, the time for such a procedure is determined by the doctor.
- the inquiry officer or investigator must warn about the interrogation of the suspect and his relatives.
The person conducting the interrogation has no right to ask leading questions to the arrested person, and the interrogated citizen can use the documents and records he needs.
At the initiative of the interrogator / investigator or at the request of the suspect during interrogation, audio / video shootings may be carried out, the materials of which must be stored together with the criminal case and must be sealed at the end of the preliminary investigation.
Interrogation protocol
An appropriate protocol is drawn up on the progress and result of the interrogation, which is signed at the end by the investigator and the interrogated. The detainee puts his signature on each page.
If the interrogated citizen refuses to sign the protocol of the interrogation, the corresponding entry is affixed to the document, which is confirmed by the signatures of the investigator, defense counsel and other participants in the procedure. A person who refuses to sign the protocol may indicate the reasons for this, which are also subject to mandatory recording. An entry in the protocol is also made when the detainee cannot sign the document due to physical disabilities or due to health reasons.
Audio / video materials must be attached to the interrogation protocol if, at the time of interrogation, filming, recording was carried out. And also a statement of the suspect on carrying out such procedures is attached. The protocol itself must contain information about the technical means by which audio / video recordings were made.
In addition, during interrogation, the suspect can draw diagrams, drawings, diagrams, they must also be attached to the case, and a note is made in the minutes about their presence.
The protocol is drawn up in the first person, if possible, then word for word. In this case, questions and answers should be recorded in the order in which they were asked (received). This document also includes those questions that were announced, but for some reason were rejected by the investigator, or those to which the suspect himself did not respond. When fixing them, marks should be put down on what were the motives for the withdrawal or refusal.
Search
The detention of a suspect in a criminal process includes an action such as a personal search. This event is held in order to find and seize items that may be significant in a criminal case. The suspect is subjected to a personal search in accordance with Art. 93 and 184 of the Code of Criminal Procedure.
A special permit is not required for such a procedure, but sufficient reason is needed to suggest that the suspect is hiding things or documents important for the investigation.
A personal search should be carried out by a person of the same sex with the suspect, as well as in the presence of the same gender of specialists and witnesses.
The protocol for the detention of the suspect should include information about the search. It indicates all seized items, their quantity, weight, features and, if possible, cost. If, during a personal search, the offender tried to destroy, hide or dispose of any objects, the corresponding note is made in the protocol.
Detention
After the actual detention of a suspect in a crime has taken place, the arrested person is in custody until a preventive measure is imposed on him or until he is released. The order of detention of such a person in this place is fixed in FZ-103 dated 07.15.1995.
While in custody, the suspect is able to:
- receive information about their rights and obligations;
- eat free of charge, use medical and material support;
- sleep at least eight hours at night, during which time the suspect cannot be involved in interrogation, investigative measures, etc. Except as provided for in the Code of Criminal Procedure of the Russian Federation;
- to receive a polite appeal to themselves from the side of the authorities;
- take a daily walk lasting at least an hour. For detained minors, pregnant women, this time should be increased.
Whatever the motive for the detention of the suspect, a person arrested in prison has an undeniable right to personal security. In the event that the life or health of the detainee is threatened by anything or someone, the employees of the places of arrest should take appropriate measures.
As for the right of the suspect to free food, according to the law, its quantity must be sufficient to maintain health and strength. If the detained person is a minor, then the diet will be increased.
The arrestee is allocated a bed, bedding and accessories, dishes and cutlery, toilet paper. For one detainee in the cell there should be at least four square meters.
FZ-103 states that if a suspect has received bodily harm, his examination by medical personnel is carried out immediately. The results of this inspection are recorded in the manner prescribed by law and are reported to the victim. Health workers can be both employees of places of deprivation of liberty, and at the request of a suspect (his defense counsel) can be attracted from outside.
In cases of death or serious illness of the detainee, the relatives of the person and the prosecutor are immediately informed of this fact, who, on their own initiative or at the request of loved ones, can conduct an audit in this case. The body of the deceased after the pathological procedure is given to the people who have requested him for burial. If the body was not requested to be returned within 30 days, then the funeral is carried out at the expense of the state.
The investigator or investigator in whose proceedings the case may be given may give written permission (if necessary, to carry out operative-search actions) to meet a special officer carrying out this activity with the suspect at the time of his detention.
Suspect Release
If suspicion of the person’s relation has not been confirmed or a preventive measure cannot be applied to this citizen - taking into custody, and also if violations were committed during the detention, the suspect must be released. According to these facts, the inquirer or investigator must make a decision.
Violations committed during detention mean the following:
- A citizen is detained for an act that is not a crime, or for an act that does not provide for punishment in the form of imprisonment.
- A person is arrested without reason specified in Art. 91 Code of Criminal Procedure.
- The detention was carried out by an unauthorized person.
- This action took place without initiation of criminal proceedings.
The suspect’s detention may be as follows:
- 48 hours before the election of a preventive measure.
- More than 48 hours after the moment of detention according to a court order to determine a preventive measure in the form of detention or because the court has extended this period (art. 108 part 7, clause 3).According to the Code of Criminal Procedure, a judge can increase the period of detention, but not more than 72 hours from the moment this decision is made. This happens at the request of the investigator or inquiry officer in cases where additional evidence of the validity of the detention may be provided. The court decision shall indicate the time and date by which the term will be extended.
In order for a preventive measure to be applied to the suspected person in the form of placing him in custody, the interrogating officer or investigator must at least 8 hours before the end of the detention period submit a petition to the court regarding the possibility of its application.
At the time of the release of a citizen, he is issued an appropriate certificate. It should contain information about who issued this document, about the place, time and reasons for the detention and release.
And also this person should be given a copy of the court ruling or ruling on the refusal to satisfy the request of the investigator or interrogating officer to take a preventive measure in the form of detention, if any.
After release, the detainee is given his personal belongings, money, documents. If necessary, the administration of the relevant place of detention provides this person with free travel to the place of residence (water, rail or road), seasonal clothing, food and cash allowance.
The procedure for the detention of a suspect allows you to quickly obtain important information related to the crime, to the identity of the suspect, as well as to partners in the crime. During this measure of procedural coercion, witnesses are often identified, evidence of a material nature is found that contributes to the correct sentencing of a criminal case in the future. And also, detention is a means of preventing impending criminal acts.
Based on the above, it can be said that the tactics of detention of a suspect is regulated at the legislative level and is aimed at strengthening the fight against crime, improving methods and ways of such a fight.