To know how much they can be detained in the police means to protect themselves from unlawful actions of power structures. Officials who are supposed to monitor the observance of order in the region so that citizens do not worry about their own lives, the safety of loved ones are very limited in their actions by the legislative framework. At times, law enforcement officials have their hands tied by numerous provisions. And the answer - how much they can be detained in the police, depends on the evidence base in the commission of the crime. Instead of documentary evidence, the law will not tolerate a story about a wonderful investigative intuition or the transmission of rumors, the unfounded belief that a particular person has committed an offense.
On what basis?
For how long they can be detained in the police, the organizer of the restriction of freedom must explain to the person in respect of whom such an action has been taken. In a difficult international environment, employees of various law enforcement agencies must protect residents from terrorism. Therefore, there should be no indignation regarding severity, numerous checks in crowded places. The duration of the detention, or how long they can be detained by the police, depends on the grounds:
- no identity documents;
- a citizen fits the descriptions of a suspect or an accomplice in criminal acts;
- there is a court order for a specific person to restrict freedom and to be detained;
- the detainee evades to execute punishment by the court;
- citizen is wanted.
Federal law on police under No. 3 in article 14 gives a clear idea of who the temporary restriction of freedom applies to, the legal act refers to part 4 and article 5, which indicate the duties of law enforcement officers in such a situation, as well as how much they have the right to detain in police .
The influence of reasons on the term
Lawyers constantly tell citizens that even if there are no plans to travel by train or plane, you need to carry your passport with you. Even those who meet you will not be allowed into the building of the bus station or airport, without checking your baggage and ID. Such vigilance is justified by the sad facts of terrorist acts, which have declined markedly in our country due to legal rigor. A person with a clear conscience has nothing to fear from being detained when a passport is missing. How much can you detain in the police in the absence of identity documents? Based on practice, employees will not need more than 3 hours to establish the necessary information - they will “punch” and let go. Quick trial and freedom are possible if:
- the person was not caught at the place of the theft, robbery;
- the citizen is not identified by the victim as a participant in a criminal attack;
- there is no evidence condemning participation in atrocities.
Police units are allowed to be detained on suspicion of committing malicious law and order violations. Under the condition that an investigation will be carried out, the fate of the prisoner in temporary custody will be determined based on its results.
In what order?
How many days can they be detained by the police? Lawyers note that the law does not allow to be kept in a pre-trial detention center without charge for more than 2 days, and supervisory authorities monitor its compliance. Only after the transfer by the inquiry officer to the prosecutor of reasonable evidence does he initiate an extension of the term in court. During the deprivation of liberty, albeit temporary, the employee must behave correctly:
- Introduce yourself by giving the full name and position held in the executive bodies;
- show the service certificate, without letting go, in expanded form so that you can read the information in the document;
- voice the grounds for restricting freedom;
- familiarize with the rights.
A person is provided with a company car to move to the building of the nearest police station. Here are the employees:
- take things for inspection;
- describe items taken from pockets, cases, bags;
- draw up a protocol;
- will acquaint with the document.
Before deciding to sign, the paper should be carefully read so as not to incur confessions that are untrue.
Content Rules
For temporary detention of citizens in police stations must be equipped with a room. It is forbidden to be together:
- men and women;
- adults and minors;
- healthy and sick.
Detainees are required to feed, provide places where they could relax. A person with a limited right to movement must be allowed:
- make a phone call to any family member;
- call a lawyer;
- warn the boss at work.
A citizen, being in a pre-trial detention center, chooses where it is more important for him to call, since the call is permissible once. A police officer is required to inform parents of the detention of a minor.
Characteristic features of preventive measures
We have already mentioned how many hours they can be detained by the police, depending on the reason. If a citizen is suspected of committing a crime, then investigators are given 48 hours to prove or refute their own assumptions. Such restrictions push the investigation team to work effectively. They will have to prove to the prosecutors the actual involvement of the person in criminal acts, where they carefully verify the evidence. The supervisor understands the details of the laws, the staff of which should be ready to answer the lawyer's denials in court, where there will be an equivalent competition between the two parties. If the court considers that the grounds are not enough to extend the detention of a person in isolation from society, he will be released. Do not forget about citizens who are deprived of their liberty for 2 days:
- violated the rules for being in the territory of inland waters and economic zones;
- based on criminal acts at customs;
- illegally crossing state borders.
These are serious allegations, but if the person faces a punishment for an administrative offense, an investigation will be scheduled. At this time, they will be arrested for further detention or expelled from the country. It all depends on the productive work of investigators.
Development of events
Two days or 48 hours is the time how long the police can detain a person. After providing evidence, events develop in order:
- the court decides the term and severity of the preventive measure;
- to extend the content in custody may for proven reasons;
- upon expiration of the period with the lack of evidence of criminal acts, the detainee must be released.
The released person must be provided with documentary evidence of his compulsory presence in the pre-trial detention center and his non-involvement in violators of the law.
The reasons for the short-term suppression of freedom
Lawyers note that in some cases the police do not need to adhere to the regulations and must hold people for 2 days without fail. In public transport, which carries passengers between cities, the bus can be slowed down in the middle of the route. Often, residents land where there are no ticket offices and passport checks, but this is a controlled function by police on the road. If a passenger has forgotten his passport at home, it is not necessary to transport him to the department; within 3 hours you can verify your identity on the spot using technical means.
A special case
When the investigator did everything possible, but did not manage to fully solve the crime in 48 hours, he has the right to ask the court to extend the detention. If the court decides to increase the period, 72 hours are added to the temporary detention. Lawyers warn that for more than 120 hours, without presenting a convincing, convincing charge, not a single court will be allowed to keep a person under investigation. For whatever reason the citizen was detained, you need to behave in a civilized manner, not to engage in bickering with the police, to remember: they are doing their duty.