Sometimes citizens disobey a police officer. The article describes what this is fraught with, what responsibility is provided for and what is the difference between resistance and disobedience. For disobedience may come of a different nature. And which one and in what cases, we will consider in detail below.
The powers of the police
Disobedience to the lawful demand of a police officer is punishable by fines, administrative or criminal liability. Law enforcement officers have certain responsibilities and rights. And as police officers they have specific powers assigned to them ex officio:
- check the documents of a person if there is a suspicion of his involvement in offenses;
- demand from a person the cessation of actions that violate the law;
- in connection with the investigation of the case, invite or forcefully bring citizens for interrogation to the police;
- request documents from individuals or organizations for investigation;
- demand to leave the scene of the offense;
- visit organizations to familiarize themselves with the documents necessary for the investigation;
- use physical force and firearms to suppress resistance or self-defense;
- to carry out legal actions (searches, interrogations, etc.);
- deliver to the hospital citizens intoxicated.
Responsibility for police disobedience
For disobedience to the requirements of a police officer, liability is provided. In some cases, penalties are imposed. Responsibility is spelled out in article 19.3 of the Code of Administrative Offenses of the Russian Federation, in 1 part. It occurs if:
- the citizen refuses to comply with the order of the policeman, which is related to security and public order;
- an obstacle is created for a law enforcement officer. With physical resistance to police officers, a citizen can be held accountable under article 318 of the Criminal Code of the Russian Federation. If a law enforcement officer was injured in health, then imprisonment (up to 10 years) is required for this. The term depends on the severity of the crime.
If insubordination to the police is accompanied by insults, then criminal liability is provided for this act, in accordance with article 319 of the Criminal Code of the Russian Federation. Penalties or correctional labor may be imposed for insulting police officers.
Administrative responsibility
It occurs in case of refusal to comply with the requirements of the police or creating obstacles to their work. In this case, the offender may receive a fine or arrest. The same responsibility is provided for when resisting representatives:
- state drug control;
- criminal executive system;
- FSB;
- migration authorities.
Criminal liability
For disobedience to the lawful order of a police officer, criminal liability may arise in accordance with a number of articles of the Criminal Code of the Russian Federation. It occurs with a public insult to law enforcement officials during the work they do. More severe punishment threatens violence or its threat.
Criminal liability also comes for resistance to law enforcement officials in the course of their detention. And also for hooligan actions against police officers.
Illegal requirements
For disobedience to a police officer (CAO article 19.3, part 1) shall be punished. But law enforcement officials do not always act according to their authority. And therefore, Article 19.3, Part 1 is the most controversial. Police officers sometimes require documents for verification without any reason.
And if a citizen starts asking why a passport is needed, then the police will deliver it to the department instead of an answer. And there, a protocol of disobedience is already being drawn up.
A citizen may be fined or imposed with another administrative penalty for disobedience to a law enforcement officer . And the situation here is twofold. A citizen will not be able to prove that he spoke politely with government officials. And the police can always claim that they acted legally. For example, that a citizen refused to go to the department or looks like a wanted criminal. And when it comes to court, he basically takes the side of the police.
How should the verification of documents take place?
Disobedience to a police officer is punishable by law. But police officers must act strictly according to the Charter. Citizens of the Russian Federation are not required to constantly carry an identification card with them. Therefore, such a request by a policeman will be illegal. So, a citizen does not bear any responsibility.
The most common case of detention is document verification. In this case, the policeman should be dressed in uniform. Have an official ID and a routing or postcard indicating the place of patrol and the exact time of duty. When a citizen stops, the policeman should introduce himself, say hello, name his position, F. I. O. and the reason for checking the documents. And at the request of the citizen to present him his official ID, explain the reasons for checking the documents:
- a citizen looks like the identikit of a wanted offender;
- a person has escaped or is hiding from punishment;
- a citizen evades compulsory medical measures or visits to a specialized medical institution;
- a person is trying to enter a protected area;
- when attempting suicide of a citizen or a pronounced mental disorder;
- search for persons who escaped from a psychiatric hospital;
- there is a requirement for the extradition of a foreign citizen in the manner prescribed by applicable law of the Russian Federation.
Penalties for disobedience
If a citizen does not comply with the order of the police, or prevents it from fulfilling its duties, penalties in the amount of five hundred to thousand rubles are provided for this. Or a person may be placed in custody for up to fifteen days. The type of punishment is determined by the justice of the peace during the consideration of the case.
The severity of the punishment depends on aggravating or mitigating circumstances (state of affect, intoxication, etc.). For insulting a policeman, a fine of 40,000 rubles or a three-month salary may be imposed.
For disobedience to a police officer and threats and violence directed at him, the following penalties may be imposed:
- large fines;
- half year arrest;
- forced labor up to 5 years;
- imprisonment of up to 5 years;
- imprisonment of up to ten years (in case of damage to health or life).
For resistance, police officers may be fined up to 1 million rubles, forced labor (up to seven years), or imprisonment for the same term. If the driver refused to obey and stop at the request of law enforcement officials, the offender is entitled to a fine of 500 to 800 rubles. For disobedience to a police officer (Code of Administrative Offenses of the Russian Federation Article 12.25) and refusal to provide a car upon request, the offender must pay five hundred rubles.
Resistance and disobedience - what is the difference?
Administrative or criminal liability may arise for resistance or disobedience to a police officer. The "nature" of human actions is taken into account. Disobedience is a refusal to comply with the demands of a policeman. Such actions are passive.
And for this relies on bringing the violator to administrative responsibility. And resistance means deliberate and deliberate actions using physical force (a fight involving fists, foreign objects, etc.). The punishment is much more severe.