Provisions on the detention of citizens at the stage of their suspicion or accused of crimes are presented by federal law No. 103. The act was adopted in 1995. Over the past 23 years, many changes have occurred in the world - in politics, economics, and the domestic sphere. Despite the fact that the legislation of international law says about justice in its descriptions, in judicial practice, not everything is not always so.
On November 25, 2018, a new law entered into force. The legal act states what detention should be like if citizens fall under the criteria of suspected or accused of committing criminal acts. The key moment, goals, tasks that the legislators strove to solve and achieve was to restore order in correctional institutions and pre-trial detention centers.
Interpretation of facts
Jurisprudence is a serious science. And sometimes there is nothing to philosophize about, but jurists often start a polemic about the meaning of terms, their correct interpretation. And everyone believes that only his view on the subject is correct. In procedural coercion, various measures are taken that restrict a person’s freedom, for example, detention. This is done for the sole purpose of preventing a crime if investigators suspect that the accused or suspect is capable of committing it.
The basis is evidence gathered and filed to the case. The most stringent preventive measure is arrest. Only in this case is there a reduction in constitutional rights and freedoms. The lawyers in their writings are trying to explain this situation, but the interpretation is different, depending on the views. In total, several types of preventive measures can be distinguished:
- detention;
- conclusion;
- arrest.
It seems like it makes no difference what the action will be called. After all, a person was still detained and forcibly held in closed premises of legal bodies.
What does the content reveal?
One word depends on the length of stay. And for an innocent person - how much is there until the interrogators understand the intricacies of the case. And competent judges find fault with every letter of the law to eliminate legal inaccuracies. Often they are compared with medical errors, where the life and destiny of a person depends on the wrong diagnosis.
Therefore, legal scholars classify custody and detention as the realization of a legal generic concept in the form of detention of suspects, including arrests, as preventive measures. In simple words, citizens should not be held without charge for more than the period established by law.
How does a legal term work in practice?
The detention of suspects refers to the most severe temporary deprivation of liberty of citizens. A similar measure is chosen when other methods do not ensure the proper behavior of a particular person. The law requires eligible persons to justify every step. It is impossible to exclude such a method from legal proceedings, because even with the untimely detention of a dangerous criminal, whose biography has collected many serious atrocities, will lead to new unlawful acts dangerous to society. The purpose of this method:
- stop illegal actions;
- ensure legislative order;
- protect society from criminal elements committing theft of personal property, theft of state property, murder, abuse.
The essence of the coercive measure, like keeping the accused in custody, consists in moving them to a pre-trial detention center where they live until they pronounce a guilty verdict on imprisonment or justify and release them. Investigators are required to apply it only after a thorough review of the case. In this case, it is necessary to determine that in no way can you use a soft measure.
Moreover, the list of atrocities that a person is capable of, based on the history of jurisprudence, only increases, becomes perfect and sophisticated. The hands of investigators are often bound by legislative provisions, the line of which they cannot cross.
Executive Order
The decision on the detention of suspects and accused is made by the court if the time limit for imprisonment is set at least 2 years for the crime in question. There are exceptions to the laws that allow the use of detention if the crime is classified as punishment with imprisonment of less than 2 years:
- permanent residence has not been established; there is no registration in the Russian Federation;
- not defined identity;
- there were violations of previously selected preventive measures;
- the citizen was hiding from the court and the investigation.
A person may be detained for 48 hours before a court order.
In relation to minors, the law on detention can be applied only if they are suspected or accused of particularly serious or moderate crimes. State Duma deputies are exempted from this measure by the constitutional 58th article due to their immunity status.
Legislative unity
The Constitution of the Russian Federation as the main law for Russia in Article 22, Part 2 discloses cases when arrests and imprisonments are allowed. International Covenant - The Convention, which is designed to protect the rights of citizens, states that the rules serve as a guarantee that the court will protect in violation of their rights and freedoms. Together, international legal acts and article 15 of our Constitution, which the legal system of the Russian Federation included in its composition, confirm a single provision.
Every arrested or detained person suspected of a criminal offense must urgently be referred to the court. A judge, within the limits of his competence, is obliged to investigate and determine the places of detention in custody or to release persons deprived of their liberty.
Process stages
In order to implement a preventive measure, a petition is sent to the court by:
- prosecutors;
- investigators;
- interrogators as agreed with the prosecutor.
The statement indicates:
- reasons for the reasons and reasons that require detention;
- enclose documented evidence.
Jurisdiction of the procedure
The set with the evidence base must go to court within the limits of the norms corresponding to the terms of detention, but no later than 8 hours before their end. Judgments of this kind belong to the jurisdiction of the district courts. Jurisdiction corresponds to these instances if it is necessary to extend the period of detention up to six months if cases of average complexity are considered.
When serious crimes are investigated, they can be detained for a year. Upon further consideration of the materials, the judge is changed, one official cannot have the authority in the case constantly, so as not to create bias. The Code of Criminal Procedure of the Russian Federation in Article 108 indicates compliance with the procedural order when decisions on preventive measures are issued.
Where are the defendants sent?
After the court granted the body’s request for the detention of persons, they are sent to one of 3 types of special institutions:
- pre-trial detention center;
- premises for temporary detention if there is an IVS in the department of the Ministry of Internal Affairs;
- a cell in a correctional institution - provided that it is separated from prisoners and equipped to contain persons for the duration of the investigation.
Special units are escorting detained persons for inquiry at the request of the investigator. War criminals are sent to guardhouses.
The only preventive measure
The criminal can take out positive moments for himself from the fact that he was in a pre-trial detention center or temporary detention facility. This time is counted in the term of his punishment, which will determine the court. The court ruling on the detention of citizens under temporary detention in the isolation ward of the person who sent the petition, investigators and interrogators, is being executed. The Code of Criminal Procedure in article 165 indicates the procedure for extending detention.
For this, the reasons are necessary:
- lack of grounds to change the measure of restraint;
- it is not possible to complete an investigation into a proven charge.
The interrogator agrees the matter with the prosecutor and sends a request for an extension of the term. The document contains:
- reasonable grounds for extending the term;
- the presence of circumstances and facts.
Each statement presented in the procedural papers is thoroughly examined, confirmed by evidence of the detainee's involvement in criminal acts.
Time limits
The term of temporary detention depends on the speed of the investigation. Each time one period ends, it is extended, but for this they go to court. It is necessary for the judge to determine how lawfully the person under investigation is in jail. As the term of detention increases, the status of the agency that resolves the issue changes. Submissions are presented with an increase in:
- If you need to increase the period by 4 months - the prosecutor who monitors compliance with the law by investigators. Or a judge, if the court decided to choose a preventive measure.
- For 9 and 18 months - the issue is coordinated with the General Prosecutor's Office.
The Code of Criminal Procedure in Article 156 indicates when it is impossible to investigate the matter during periods established by law, and there is no reason to end the detention of a suspect in a crime. In this case, the prosecutor has the right to send that part of the case, which is fully proven. The incomplete part is distinguished from the process, and a separate production will work on it. The following points will be taken into account:
- time of first detention;
- period of in-patient expert examination;
- re-conclusion in one case;
- highlighted parts of the investigation;
- gap with new charges.
Each moment is added in a mathematical way. When the court makes a decision on imprisonment, all this time will be counted as the passed stage for punishment.
If the interrogators and the prosecutor's office do not extend the terms of detention, the suspects must be released from the pre-trial detention center. The executor is the head of preliminary detention. On the day the term expires, he is obliged to notify the Prosecutor General of his actions, the basis for this is the lack of documents on the extension of the detention.
Total
After the investigation, the investigator introduces the materials of the detainee and his lawyer. They must confirm that they have read each page with their signature. A month is provided for this procedure. Please note that the maximum extension period is 18 months. The accused should not be detained more than this time if they did not have time to prove guilt.
In this case, investigators choose exceptions to the rules. Based on the basis, they apply for a smaller extension, for example, for 4 months. In the verdict, the judge will indicate that every day spent in the isolation ward will be taken into account.