The detention of a minor or adult is a state measure of coercion. The main essence of the measure is a temporary restriction of freedom and personal integrity. Law enforcement officers have the right to detention, who can carry out it as part of a criminal or administrative process. Each of these types of temporary restrictions on freedom has its own characteristics.
Suspicion of a criminal offense
The rules for the detention of a minor are prescribed in Chapter 12 and Art. 423 Code of Criminal Procedure. This article prescribes that when a teenager is detained, a temporary restriction of freedom should be immediately notified to his parents or guardians, other persons representing the interests of the child legally. No exceptions are permitted to conceal the fact of detention.
As a general rule, for the criminal and administrative process there is a boundary age for a teenager - 16 years. However, if a child has committed a deliberate crime and is between the ages of 14 and 16, he may also be detained. For younger offenders, the measures provided for by law No. 120-FZ apply.
Grounds
In order to detain a minor suspect, the same grounds are provided as for adults. A law enforcement officer has the right to a temporary restriction of freedom in the following cases:
- if a person is caught at the moment of committing a crime or immediately after it;
- witnesses or victims indicate a specific person;
- if on the clothes, body, face or housing of a citizen traces of a crime are found.
In addition, if a teenager is trying to hide, does not have an identity card with him and, as a result, it is impossible to establish, then he can be detained.
Deadlines in criminal proceedings
A clear fixation of the time of detention of a minor is very important. The protocol must be drawn up no later than 3 hours from the moment of detention, in which time is recorded.
If there is a suspicion that a teenager has committed a crime, then he can be detained for 48 hours, as a result of which the investigator or inquiry officer makes a decision. Only a court can make a decision on extending the term by 72 hours. That is, in the criminal process 2 boundary detention periods are provided: 120 hours and 5 days.
The procedure for the detention of a minor
The detention procedure in the framework of criminal proceedings is subject to severe requirements. A law enforcement representative should act as follows:
- introduce yourself to a teenager, announce your position and F. I. O .;
- show your official identity card;
- announce the reason for the deduction;
- read rights to the detained person.
Then, a protocol must be drawn up, in which the time and circumstances of the detention must be indicated (in great detail). As soon as possible, the policeman is obliged to notify the parents or guardians of the temporary restriction of the freedom of the teenager, and also upon their arrival, give them a copy of the protocol.
Violation of the retention procedure should be an occasion to appeal to the higher management of a representative of law enforcement agencies.
After the detention of a minor, he is taken to a police station, to an investigator or prosecutor. The teenager is explained his rights and obligations as a suspect.If there are grounds provided for in Article 182 of the Code of Criminal Procedure, a personal search is carried out, that is, if there is a suspicion that the teenager has weapons, valuables or any other items that were used in the commission of the crime.
An investigator or inquiry officer must inform the prosecutor in writing about this fact in writing within 12 hours from the moment the teenager was detained and provide the legal defense counsel to the minor. An offender may be questioned only in the presence of a legal representative or defense counsel. The interrogation must be carried out no later than 24 hours after the moment of temporary restriction of freedom.
Teen rights
It is very important to know the rights provided by applicable law. And this applies not only to parents, but also to minors themselves. First of all, the representative of law enforcement agencies is obliged to read the rights of the person who is being held.
The rights of a minor during detention, which every teenager must remember:
- The right to a phone call. There is no such right only for those who have fled from custody or from a psychiatric medical institution.
- A young man, even having transgressed the law, has the right to silence. He is not even obliged to talk to the police officer who is conducting the detention.
- With a low knowledge of the Russian language or with a complete lack of understanding, the teenager must require a translator.
- If a policeman breaks the law and applies physical force to a teenager, the latter is obliged to immediately report this and call a doctor to fix the injuries or injuries.
The main thing is that there should be really good reasons for retention provided for by procedural legislation.
Administrative process
Cases of administrative offenses committed by minors Such cases are considered at the place of residence of the teenager. Exceptions include misconduct such as stowaways or traffic violations.
Of the ten types of punishments provided for by the Code of Administrative Offenses, a fine or warning is applied to juvenile offenders. Administrative detention of minors is not allowed. A fine may be imposed on a teenager or his parents for 2 months from the date of the offense, no later than. If we are talking about a continuing violation, then a two-month period is calculated from the moment of detection of such an offense.
The procedure for isolating a teenager who committed an offense, but his identity has not been established, he does not have a permanent place of residence, or he is not a citizen of the Russian Federation, is not considered an administrative arrest. In such cases, adolescents can be temporarily placed in special institutions under the police, where only educational work with offenders is carried out.
Distinguish between administrative arrest and delivery. The latter term means the forcible transfer of the offender to the police station if it is impossible to draw up a report on the offense at the scene of the offense. However, in this case, a separate delivery protocol must be drawn up.
What parents (representatives) of a child who has committed an administrative offense should know
Despite the fact that the detention of a minor is unacceptable, nevertheless administrative responsibility for such persons comes from 16 years. At the same time, it is possible to hold a teenager accountable only on the basis of the protocol, no certificates, information messages from various institutions and bodies are not grounds for being held accountable.
A minor under the age of 16 bears administrative responsibility on an equal basis with adults. Based on this, if a teenager is interviewed, then the presence of legal representatives or parents is optional.
Police Procedure
Despite the fact that the detention of a minor CAO is not provided, in some cases, a teenager can be taken to the department of the Ministry of Internal Affairs. The following violations may be the reason for this:
- petty speculation;
- violation of traffic rules;
- hooliganism;
- drinking alcohol or using drugs;
- resistance to the authorities.
The teenager will be taken to the police station if he will drive a vehicle without the right to drive and a document proving the identity of the minor. Another prerequisite is the inability to draw up a protocol at the place of the offense. Most often, such delivery is made when drinking alcohol in public places.
Parental responsibility
The Constitution and the Family Code impose on parents the obligation to care for children until their full independence. Full legal capacity begins at age 18. Before this age, a child is considered a minor, and children under 14 years old are considered minor. Parents are responsible for their children. Naturally, if a minor makes a murder, then his parents will not be imprisoned for such a crime, but it will be up to them to compensate the injured party.