Detention of the offender is a procedural measurecoercion. It is applied by the investigator / investigator for a period not exceeding 48 hours. The time is counted from the moment of actual restriction of the subject's freedom. Let us further consider what are the methods of detaining a criminal.
General rule
Legislation establishes a number of guaranteesvalidity of detention. The Code of Criminal Procedure clearly regulates the conditions, motives, procedure and terms of application of the procedural measure. Corresponding provisions are present in articles 91-96 of the Code. Freedom of a citizen may be temporarily restricted if there is reason to believe that he has committed a crime. The procedural measure in the form of short-term imprisonment applies only when suspicion of acts for which, among other sanctions, imprisonment has been established.
Crime: Criminal Code of the Russian Federation
The definition of an unlawful action is established byArticle 14 of the Code. A crime is considered to be a dangerous act committed by the perpetrator, prohibited by law under the threat of punishment. The action / inaction that formally contains the above characteristics will not be considered illegal, but in view of insignificance it does not pose a danger to society. Types of criminal offenses, fixed by the Code, differ in composition,qualifying signs, sanctions. However, they are all united by the existence of a public danger, as well as the possibility of applying punishment to the perpetrator. Some types of criminal offenses are being disclosed quickly enough. Other acts require complex investigative measures. However, in any case, the citizens who committed crimes are subject to detention if they did not show themselves to be guilty.
Grounds
If there is suspicion of the commission of an act, an authorized officer may detain the offender if:
- The citizen is caught unawares during or immediately after the encroachment.
- Eyewitnesses or victims will point to the subject as having committed an act.
- On this citizen or on his clothes, in his home, traces of the crime will be revealed.
If the authorized employee has differentdata that give grounds to suspect a person of an illegal act, a procedural measure can be applied to him if he does not have a permanent place of residence or tried to hide or his identity is not established or the investigator with the consent of the head of the department / with the permission of the prosecutor filed a petition imprisonment of the subject.
Other data
Realizing detention of a criminal, the authorized employee uses factual information that indirectly indicates the citizen's involvement in the act. Other data may include:
- Testimony of victims / witnesses who were not witnesses of the event. From the content of the information received from them, it should follow that the detainee is involved in the crime.
- Indications of suspects / defendants about accomplices in the assault.
- The results of investigative measures indicating the involvement of specific citizens to the act.
- Inventory materials, audits.
- The similarity will take, indicated by the witness, the victim, etc.
"Other data" - information less defined than the grounds on which it is carried out detention of a criminal. In this regard, legislation bindsapplication of procedural measures with a number of conditions. In particular, we are talking about trying to escape, the absence of a permanent place of residence, documents on which you can identify the citizen. The presence of these circumstances makes Detention of the perpetrator necessary because it gives this measureurgent, reinforces the validity of assumptions about the subject’s involvement in the wrongful act. It is necessary to take into account an important fact. If, for example, there is any one condition (say, the absence of a permanent place of residence), but there is no “other information” that gives grounds for suspicion of a person in a crime, detention is unacceptable.
Important point
It is necessary to distinguish the actual detention fromprocedural. The first involves the capture of a citizen and his forced delivery to the investigator or the investigator. The right to apply a procedural measure shall be exercised only in the manner prescribed by the CPC, and exclusively by employees or bodies with relevant powers. For example, a citizen who executed a crime was captured. The Criminal Code does not establish preventive measures. In this regard, the subject can not impute this or that article on the scene. According to the rules, prosecution is carried out within the framework of production. The detention was carried out before the initiation of proceedings. The moment of actual restriction of movement is determined by the actual seizure of a citizen. At this point, the countdown begins. However, within three hours after the subject is delivered to the authorized employee, a decree should be drawn up on the initiation of production (if there are grounds for this). In addition, a detention report is issued. From the moment of its drafting, it is considered that a procedural measure has been applied to a citizen.
Motives
The election of a coercive measure, the choice of its type arethe right, and not the duty of employees, leading the production. The legislation provides that the relevant employee may detain a person if there is a suspicion about his involvement in the commission of a crime, the grounds and conditions fixed by the rules. The right will become a duty only when there are motives that necessitate the seizure in each particular case. They may be:
- Suppression of unlawful actions.
- Preventing new attacks.
- Deprivation of the opportunity to destroy evidence, hide or otherwise create obstacles to establishing the circumstances of the case.
- Establishing the involvement or non-participation of a citizen in a wrongful act.
- The decision on the subject of custody.
Detention cannot be used as a means of obtaining confessions of a crime.
Timing
According to Article 94 of the Code of Criminal Procedure detention of a criminal can not last more than 48 hoursThis period is valid until a court ruling on the application of a preventive measure in the form of taking into custody or extending the period of restriction of freedom according to the rules of art. 108 (Part 7, Clause 3). According to Art. 128 (part 3) of the Code of Criminal Procedure, when detained, the established time period is calculated from the moment of actual capture. Its clear definition is of great procedural value. The importance lies not only in the fact that the origin of the reference point is 48 hours. Of particular importance is the possibility for detainees to receive assistance from a defender and the exercise of the rights enshrined in article 46 of the Code of Criminal Procedure. In the event of an actual seizure, the authorized officer explains to the citizen the right to have a lawyer. All terms of the procedural detention, with the exception of the time of drawing up the protocol, shall be calculated from the time of the direct restriction of freedom of movement. For the correct calculation of periods it is necessary to take into account the hour, minute and day of detention.
Delivery
The legislation does not regulate the term, inwhich citizen must be referred to an authorized employee. It seems that the specifics of the transport infrastructure and the geographical features of the country do not allow for fixing a specific period. However, the detainee must be delivered to the authorized body within a reasonable period not exceeding 48 hours. The end of this period is considered the basis for the release of the citizen.
Protocol
It is compiled within three hours afterdelivery of the subject to the authorized body. During this period, all information about the citizen must be obtained, his identity established, and so on, information on the conditions and grounds for the detention (if they have not been previously recorded) has been drawn up. The protocol indicates the date and time of its compilation, as well as the actual capture, motives, grounds for the implementation of this action, the results of the search, and other circumstances. The latter should include information on the use of force to a citizen, whether there has been hurting a criminalinformation about bodily harmmedical aid, etc. The protocol must contain a note stating that the subject has been explained his rights. The document is signed by the employee who compiled it and the detainee.
Search
Personal screening may be subject to availabilitythis reason. The search is carried out according to the rules regulated by Article 184 of the Code of Criminal Procedure. In contrast to the traditional procedure established by law, a personal search during a detention can be carried out without issuing a corresponding decree. At the same time, authorized employees must follow a number of rules. Personal inspection is carried out by an employee of the same sex with a suspect in the presence of witnesses of the same sex.
Specificity
Detention is classified according to:
- The number of citizens (in group and single).
- Venues (in the office, in the apartment, on the street, etc.).
- Time spent on preparation (hot pursuit, scheduled, etc.).
Sudden seizure requires decisiveness from employees, the use of special equipment, good physical training, and the ability to quickly navigate in a changing environment.
Tactics of detention of the criminal: preparation
Developing a plan to capture a citizen, you must:
- Collect information about him and his close environment.
- Choose a time and place of detention.
- Determine the composition of the group participating in the event.
- Prepare weapons, special equipment, transport.
- Instruct capture participants.
- Develop measures for the safe conduct of the action.
Mandatory actions
Conducting apprehension of a dangerous criminal, it is necessary:
- Set hidden observation posts.
- To cordon off the territory adjacent to the capture area.
- Place participants at the starting points.
- To conduct distracting activities.
- Carry out a personal search, survey of the place adjacent to the station of detention. These actions are carried out after the actual detention of a citizen.
Room penetration
In connection with the recent terrorist attacks, law enforcement officers often carry out detention of armed criminals. To do this, employees have to enter the premises where these citizens temporarily live and store items that are prohibited from circulation. Knowing the subject armed and very dangerous, each employee must take action toensure the safety of others. After entering the premises where the suspects are located, the participants immediately contact them. In addition, subjects that are able to resist are quickly identified. If a citizen armed and very dangerous, special means, methods of conducting hand-to-hand fight are applied.
Entry methods
Often the detention of suspects in the roomcarried out in a short time. However, such an operational action requires some training. In particular, it is imperative to gather information about the owner of the premises, the circle of his connections, the availability of an emergency exit, access to the attic or the basement. Penetration is carried out in different ways, under various pretexts. Often used for this emergency exits, balconies, windows, ventilation. In some cases, access to the premises is impossible, so the detention is carried out on the street.
Capture in open areas
Detention of the perpetrator the street has a number of pros and cons.First of all, employees have the opportunity to monitor the suspect, his escort, movements, attempts to destroy evidence, get rid of some items. In addition, employees may suddenly get close to a citizen. However, there are some difficulties. You can not use a weapon against a detained in places of large concentrations of people. In addition, it should be noted that his accomplices may be alongside the suspect. They may try to make a fuss, interfere with the detention, or compromise the police.
