Detention is a preventive measure that is applied to citizens legally. This allows you to actively interact with the accused and faster to conduct investigative actions by authorized bodies. Consider the procedure and procedure for extending the terms of detention (prolongation of an imposed preventive measure) and the powers of various state bodies in relation to a suspect or accused, carried out in accordance with procedural legislation.
The difference between a preventive measure and a state coercive measure
A measure of state coercion is a decision made by an authorized person on the implementation of certain rules, for example, an obligation to appear or a recognizance not to leave.
A measure of restraint is the restriction of a person in certain actions, for example: detention or placement in a specific medical institution.
It should be noted that a measure of state coercion is easier than an imposed preventive measure, because restraint limits a person's rights. Therefore, it is appointed by the court, and a measure of state coercion can be appointed by an authorized person.
The measure can be extended at the discretion of the authorized person by filing a petition with the court with legal justification for the decision. The court has the right to reject the application or to satisfy it.
In most cases, the judiciary supports the request of the investigator or inquiry officer and prolongs the imputation. However, even this period has its own limitations, which are established depending on the severity and category of the committed act.
In addition, there is a complaint about the extension of the period of detention.
Preventive measures and restriction in the form of custody (detention)
There are several types of preventive measures and coercive measures. The CPC shares these concepts. Detention is a preventive measure, which is applied on the following grounds:
- a person may hide from the investigation;
- a person may continue to engage in an unlawful act;
- a citizen may threaten witnesses or other persons;
- there is other information that allows you to choose a measure.
The custody of the accused (a citizen who is charged with the measure in the form of detention) is carried out through a court order. For this, an authorized person shall petition a judge and provide the materials necessary to prove the fact of the commission of an unlawful act.
The maximum term for imposing a coercive measure called “detention” is 2 months (that is, until the indictment / conclusion is approved by the prosecutor and the case is sent to the court).
The expiration of the preventive measure includes the time for which the person was detained, was under house arrest, and also in a medical or psychiatric institution under compulsion of a court.
Another feature of recording the time spent by a citizen in custody is the inclusion of a person outside the territory of Russia within the specified period.
If the preliminary investigation is not completed within 2 months and the person is in custody, the preventive measure shall be extended in court. The judge makes a decision, which indicates the period for which the imposed preventive measure is extended. The extension of the period of detention is formalized by the court. Another instance has no right to impute a measure.
The decision is attached to the criminal case.A copy may be attached by the prosecutor to the supervisory review proceedings.
The period for the extension of detention is indicated depending on the gravity of the crime committed.
Opinion of the prosecutor on the application of a preventive measure in the form of detention
After receiving the documents from the law enforcement body (the detention protocol, the petition of the investigator and other documents), the prosecutor prepares a document in which he substantiates the lawfulness of the detention of the accused. The extension of the term of the chosen measure is drawn up in a similar way.
The prosecutor makes analogues by copying documents and sends it to a court for consideration in a separate act. In addition, an opinion is prepared within the time period established by law. The prosecutor must study the criminal case and make a lawful and informed decision.
It should be noted that in many cases, the prosecutor may discern the unlawful imposition of a preventive measure and give the investigator or interrogator written instructions to conduct additional investigative steps to establish obvious facts and new circumstances.
This opinion contains information about the accused.
After approval of the acts with the prosecutor, the court extends the period of detention in custody. This action is considered legal, reasonable and motivated.
Form of extension of detention
To formalize the procedure for imposing a preventive measure, the investigator (with the consent of the head), as well as the interrogating officer, with the consent of the prosecutor, draws up a petition with which he goes to court. An authorized person must fully convince the court of the need to take this measure or extend it. The extension of the prescribed measure to the suspect or accused person is drawn up immediately (a court session is scheduled for 1 day). If the day falls on a day off, the court will consider the application submitted that day, whether it be Saturday or Sunday. The decision to extend the period of detention is registered by other authorities on a weekday (for example, by the prosecutor's office). Registration of documents on weekends is not carried out.
If it is necessary to increase the time period to 6 months, a petition for extending the period of detention in custody is filed with a higher court (jurisdiction is established by familiarizing oneself with the law).
The reason for the extension of custody is the particular complexity of the crime committed. The extension of the term can reach 1 year.
Exceptional cases of extension of detention
There are several special cases for extending a preventive measure.
The decision to extend the period of detention is taken with a red tape or a lengthy investigation. If the investigation does not fit into the period of 1 year, and the person is still in custody, prolongation is possible with the consent of the Prosecutor General or his deputy until 18 months from the start of the imposition of the preventive measure. This deadline is final. An exception may be an extension of the term of more than 18 months if the accused and his counsel familiarize themselves with the case before being sent to court.
The legislator allows you to prolong the period up to 18 months only in the event of the commission of category IV crimes, that is, the most severe.
The time spent in custody counts when the sentence is announced.
An extension by a court of a period of detention in custody shall be documented at each time period of the extension. This order is not subject to change.
Familiarization of the person in custody with the materials of the criminal case
The extension of the period of detention is documented. For this, the reasons for applying the increase in the time period are indicated.
The decision to extend the period of detention is a document that is approved and attached to the materials of the criminal case.The document is transmitted for familiarization to the accused 30 days before the deadline.
If the indicated period is not enough to study the criminal case, the one-month period is extended by 1 week by submitting a petition to the Supreme Court of the republic or the regional / regional court, as well as a court of federal significance.
Accused and preventive measures
The extension of the detention of the accused is a procedure that is notable for the speed of the decision. Let's consider an example in more detail.
If a person is charged, however, it is necessary to conduct several more investigative actions or wait for the end of the examination, the extension of the detention of the CCrP is carried out immediately. In addition, the content will be short-lived, since in the near future the criminal case will be referred to the prosecutor for examination and then transferred to the court.
The extension of the term by the prosecutor is carried out in a short time.
A complaint regarding the extension of the term may be submitted only at a certain time.
Two or more accused in the process
In the event that two or more accused are listed in a criminal case, a petition for extending the term of detention in the same way is filed if at least one of the indicated persons is not enough.
A court hearing is appointed to consider the petition, in which the accused is present without fail. The absence of the specified person is permitted only when he is found in forensic psychiatric examination.
For consideration of the application by the court a certain period of time (5 days) is issued.
After studying the application, the judge makes a decision.
An interested party is immediately notified of each decision made.
Place of detention
Accused and suspected persons are held in places of isolation from society. In accordance with the legislation of Russia (103 Federal Law), persons are held in temporary detention centers, where there are special rules of conduct. So, this normative act approves the regulations of employees working in these institutions, the grounds for placing and transferring the accused, the working hours, the daily routine, establishes the rights and obligations of the persons placed, as well as the procedure for meetings with the accused’s relatives and lawyer.
The legislator also approves the rules of correspondence in the SIZO, approves the right to security, and also allows you to make statements and complaints.
In places of detention, material and household support systems, sanitary support, as well as sending letters and money, and provision of paid services are being established.
Appeal against the extension of a preventive measure
Any citizen of the Russian Federation can file a complaint against the issued document independently or through a representative.
An extension of the period of detention by a prosecutor is carried out in the event an authorized person makes a request for an extension of the custody of a defendant or suspect, a lawyer (defense attorney) has the right to appeal the application, citing health deterioration in the presence of a medical report prohibiting a person from being held in a pre-trial detention center. The court can satisfy the demand of the defense counsel, after which the suspect or the accused will be asked to transfer to a lighter form of detention in a medical institution or to change the preventive measure to a lighter one. The complaint is filed by a lawyer or a person on their own.
Reasons and grounds for release from custody of citizens
Only a court has the right to release a person from custody. For this, the judge shall decide on the basis provided by law. Only the court is entitled to change the imposed preventive measure.
In addition, citizens can be released by issuing a decision by the inquiry officer or investigator.
A common form of exemption from a person’s preventive measure is the issuance of a written decision by the head of the place of detention, as well as the prosecutor's office in the event of the termination of the preventive measure.
Practice says that there are many cases where the person conducting the investigation does not control the length of the custody, in connection with which the court can release the suspect legally. Therefore, the prosecutor’s office monitors the deadlines and reacts everywhere in violation of the law, reminding the authorized body that a decision has been made to extend the detention period.
Not only the prosecutor's office is obliged to monitor the deadlines, but also the Ministry of the Interior, as well as the Investigative Committee of the Russian Federation.
Thus, the conclusion of the article is obvious. Appealing an extension of detention is a common procedure that is legalized by a court.