From what moment is the period of detention calculated?

The detention of a citizen who is suspected of a crime for some reason is a coercive measure that can be applied by different authorities. Such detention lasts only two days, during which time the investigator can prove the guilt of the suspect. If guilt is not proven, then the person must be released from custody.

What is the essence of detention?

The period of detention is calculated from the time the suspect was brought to the investigator. In fact, such detention is short-term, and the suspected person is deprived of his liberty for only some time, since there is still no evidence that the person really participated in the commission of the crime, the court decision is not applied.

It should be noted that the law clearly establishes a number of certain guarantees. Therefore, not only the terms of stay in the isolation ward are prescribed, but also the conditions.

Reasons for detention?

A person who has come under suspicion may be delayed based on:

1. When the suspect was at the crime scene and was caught hot.
2. When there are eyewitnesses and they indicate that it was this person who committed the crime.
3. When on the clothes or in the premises of the alleged culprit there is evidence indicating that the crime was exactly that person.

The period of detention is calculated from the moment the executive authorities detained the suspect directly. Reasons for this may include:

1. If a person who is under suspicion tried to hide.
2. When the investigator holds the consent of the prosecutor for detention.
3. If the suspected person lives where necessary and is not officially registered anywhere, or it is impossible to establish an identity.

What evidence may indicate that a person should be temporarily detained?

The period of detention of a person shall be calculated from the moment when the actual data were found by the investigating authorities and when permission was obtained to apply appropriate measures to the person.

As a rule, measures are applied:

1. After the testimonies of witnesses indicate that the crime was exactly that person, in particular, the testimonies of eyewitnesses are taken into account.
2. If the accused person indicates that together with him the crime was committed by accomplices.
3. When the investigating authorities found evidence that the person was indeed involved in the crime.
4. If the suspect has similarities with the descriptions of the witnesses.

The presence of all these conditions allows for detention, and the term of detention is calculated from the very moment when a person is deprived of his liberty.

Types of Detention

If we examine in detail the current legislation, we can distinguish the following types of detention:

1. Administrative detention is the deprivation of liberty of a person until such time as the case of the offense is considered. In this case, the period of detention of the suspect is calculated from the time the person was detained. All terms, depending on the gravity of the offense, are described in the Administrative Code of Russia.
2. When a suspected citizen is detained, his freedom is limited temporarily. The period of detention is regulated by the Criminal Code.

As you can see, the terms of detention are completely different, and the types of detention are also significantly different from each other.

What is the essence of administrative detention?

It is worth remembering that the period of administrative detention of a person is calculated after a citizen has been detained, and is three hours. But this period can be considered the most minimal, since for citizens who have committed a similar offense and their guilt has been proven, this period can be extended for another 48 hours. In the Administrative Code there are enough nuances that are worth paying attention to. For example, if a person has committed a crime that can at least be regarded as an encroachment on the borders of the Russian Federation, then the person can be accused of violating customs rules, and the term of imprisonment is also two days after the arrest was made.

The period of administrative detention is calculated from the moment the person was taken to the police station and the relevant protocols were drawn up. It should also be borne in mind that if the accused citizen is in a state of any intoxication, then the period of detention will already be considered after his sobering up. The detainee is brought to the police station when it is not possible to write a protocol on the spot. Such a protocol must necessarily contain the time of arrival of the suspect at the police station.

What is the essence of the detention of the suspect

The term of detention of a suspect is calculated from the moment of writing the protocol. It is worth remembering that the period of such detention should not exceed two days. After this time has passed, a charge is brought against the suspect and a measure of restraint is chosen, but this is not a deprivation of freedom, since no trial was carried out on the person. The maximum undertaking not to leave is applied or house arrest is applied. The commission of especially serious crimes involves detention pending the pronouncement of the sentence. Deprivation of liberty is carried out only after a court decision.

What is administrative arrest?

Administrative arrest is made after an administrative detention. Arrest is imposed for the illegal production of narcotic drugs, as well as their illegal sale, in the event of petty thefts, improper use by the driver of a vehicle, and driving while intoxicated. The period of administrative detention is calculated from the moment of detention, and is counted from that moment 48 hours, and then an administrative arrest is appointed, which can be another 15 days.

But only a court can pass a sentence on administrative arrest, so a court decision should be in the hands.

How and by whom is the time period assigned

The Code of Criminal Procedure clearly states that the period of detention is calculated from the moment of writing the protocol, and it cannot be more than two days. Further, a judicial decision must be made, which will determine the future fate of the suspect.

It is very important to determine exactly from which moment the detention was made, since the length of the suspect's detention depends on it. During detention, executive authorities are required to explain all the rights of a citizen. When a protocol is drawn up, it indicates not only the day of detention, but also the exact time, up to minutes. A person can be considered a suspect only from the moment when he was detained.

It should be noted that the law cannot establish a specific period during which a person can be transported to a police station, as this may depend on the geographical location of some areas. But nevertheless, the delivery time of the suspect to the site should be within reasonable limits, it should not exceed two days. As soon as 48 hours expire, the suspect is released.

The investigator is required to write a protocol describing in it the data on the citizen and the time of his arrival at the station. The protocol contains the motives by which the person was detained, the period of detention is described, for example, the detainee could resist or he might have bodily injuries not caused during the detention.

Having carefully considered the question of the time from which the period of detention is calculated, it is worth stopping and the one associated with the notification of the detention of the investigator and other specific persons:

1. Within 12 hours, it is necessary to warn about the detention of the investigator.
2. Allow the suspect to warn his relatives about his detention.
3. If the detainee is a serviceman, then his command must be warned.
4. If a member of the public monitoring committee is detained, then the secretary of the chamber of the Russian Federation is warned of his capture.
5. When a citizen is from another state, his detention is reported to the embassy.

The exception is when the investigation should be kept secret, in which case notifications are not made, but this requires the permission of the prosecutor. It is mandatory to inform relatives or their substitutes of detention only if the suspected person is minors.

On what grounds is exemption carried out?

Despite the fact that the period of detention is calculated from the moment of detention and is exactly two days, a person can be released earlier, for example, this can happen in such cases:

1. If there is no evidence of guilt of the suspect in the crime.
2. When there is no reason to apply measures to a citizen in the form of imprisonment and detention.
3. If during the detention there were violations by the executive bodies.

In the event that the time of detention has expired, the person has the full right to release, except for the following exceptions:

1. In relation to the detainee, a preventive measure in the form of deprivation of his freedom was not chosen.
2. The court did not extend the term.

Given that the person’s detention period is calculated in two days, the suspect must be released, but only if the judge does not send a decision to extend it. If the investigator sends a petition to the judge that he cannot make a final decision, then the judge extends the period of detention to three days. When a citizen is released, he must be given a certificate in his hands, which contains all the data about his detention.

It indicates when and by whom the person was detained, the time of his detention and the time of his detention.

Actions and rights of the detainee

Knowing just how exactly the period of detention is calculated is not enough. The suspected person should also clearly know their rights:

1. While the detention is in progress, it is important to clarify his reasons and ask the police officer to present his ID in order to determine if the position presented to them is consistent. The employee has no right to refuse this request, as this is clearly prescribed in the laws of the Russian Federation.
2. As soon as the employee informs why the citizen is being detained, the suspected person may be asked to provide all the information to the relatives, taking into account the exact location in which he will be located.
3. You should remember on your own the time from which the detention was made. As soon as the person was taken to the police station, you should immediately insist on drawing up a protocol. A citizen must be allowed to familiarize themselves with all the records in the protocol, here one should be careful and check everything, pay attention to the indicated time in the document. If the protocol contains discrepancies with what was said by the detained person himself, then you can refuse the signature and insist on drawing up another protocol.
4. As soon as the term of detention expires and no charge is brought against a citizen, he should be released.
5. From the moment of detention, the suspect has the full right to contact a lawyer. If a criminal case is being considered and there is no possibility to hire a lawyer, then the suspect is assigned a lawyer at the expense of the state.
6. It is important not to lose your temper when talking with police officers, if there are insults from the suspect towards the officer, criminal liability may additionally apply to him.

When unlawful actions were taken against the detainee by the police, the person should insist that all these points be displayed in the protocol. It is necessary to know from what moment the period of administrative detention is calculated, since a citizen who has not been sentenced has the full right to exercise his legal rights, namely:

1. Know the reason he was detained.
2. To obtain the right to testify in the language that he speaks well, an interpreter must be invited to do this.
3. Use the services of a defender.
4. Have the full right to read the protocol and agree with it (or, conversely, refute it).
5. Do not testify against yourself.
6. If employees took unacceptable actions, they can be appealed.
7. If the suspect needs medical assistance, then the police must provide it.
8. A citizen may require a photocopy of the protocol.
9. If the suspect was detained for more than three hours, then they are required to provide him with food and a place to rest.

The legislation of the Russian Federation controls not only the rights of executive bodies, but also the rights of detainees. In any given difficult situation, each person must clearly understand his rights confirmed by law, only in this way, without any unnecessary problems, it will be possible to easily resolve all disputed issues.