The application of certain measures of state coercion by the police is a very interesting topic. It has many nuances that can act both in favor of the police and in favor of citizens. So that such actions on the part of representatives of the law would not be a surprise, you need to know well what rights the state gives us, as well as what responsibilities it imposes on the police. This is our article.
Police functions
Now every child knows that the police protect the rights of every person to personal integrity and freedom. However, the use of individual state coercive measures by the police is often necessary. For example, when a person does not want to voluntarily comply with the rules established by the police. Also, such measures are needed to protect law-abiding citizens from the actions of those to whom the law, as they say, has not been written.
Detention of citizens
It is important for each of us to know that an individual can only be detained for forty-eight hours. If during this period his participation in unlawful acts, on the basis of which the citizen was charged, was not proved, he must be released
Let us consider in which cases the use of certain measures of state coercion by the police is lawful. The law stipulates the following situations:
- Representatives of the law may detain persons who are suspected of having committed a crime. In addition, this measure applies to persons who have been restricted their freedom, according to the legislation of our country, but they in every possible way evade serving a sentence.
- The application of certain measures of state coercion by the police is also possible if a person escapes from protection. The basis for coercion is the avoidance of serving criminal responsibility and receiving directions directions on the place of passage, as well as failure to appear at the place of serving. They are detained until they are transferred to institutions, bodies or to representatives of bodies or institutions.
- The application of state coercive measures is also characteristic of those who evade administrative punishment (administrative arrest). Such persons are taken into custody until their transfer to an institution where the conditions of the arrest are strictly observed.
- The application of state coercive measures is characteristic of those who are wanted. They are being detained for transfer to the appropriate authorities.
- The police may restrict the freedom of the person who is being tried in an administrative case. In this case, detention is carried out for the period provided for in the relevant law.
- For failure to appear at military training camps or suspicion of involvement in a crime, it is possible for the police to apply certain measures of state coercion. Detention takes place before the person is transferred to the military police of our country, military commissars or the commander of a military unit.
- Persons who do not comply with the compulsory measures prescribed by a court of a medical or educational nature are subject to detention. They are detained until the moment of transfer to the place of such measures.
- Persons who shy away from staying in medical special institutions appointed by the court may apply certain measures of state coercion by the police. Detention is carried out until the person is sent to a medical institution.
- Those who violate the Code of Administrative Violations are also entitled to detain law enforcement officers. For example, a person may be taken into custody for violating a curfew. This is done at the time prescribed by law.
- The application of state coercive measures for the commission of an offense is also possible because people have penetrated protected objects. They are held until the identification. Next, you must either indict or release.
- The application of state coercive measures for committing suicide. People who have pronounced signs of a mental disorder, as well as those who pose a danger to society, can be taken into custody. After detention, the person is transferred to a specialized institution or delivered to the place of registration.
- Police may detain those who escaped from a psychiatric hospital. The police transfer the person to the facility for further treatment.
- Authorities can detain a person if they need to be extradited to another state. In this case, they are taken into custody for the time specified in the laws of our country or international acts.
Detention Rules
Briefly about the use by the police of certain measures of state coercion we can say the following.
Representatives of the law are required to act in accordance with Art. 5 (part 4) of the Federal Law. In addition, the police are obliged to explain to the citizen that he has the right to the assistance of a lawyer, translator (if required), reporting to relatives about what happened. The important point is that the detainee may not give any explanation.
The period of detention is counted from the moment a person is deprived of his liberty. Administrative detention is carried out in accordance with the legislation on administrative violations.
It is important that after applying state coercion measures for committing an offense, personal belongings and the vehicle of the person to whom such measures were applied are also subjected to search. The order is established by the legislation of our country.
The detainee may call his relatives within the first three hours and inform them of the detention and his whereabouts. The representative of the law can briefly report on the application by the police of certain measures of state coercion against the detainee. In practice, this is mainly done if a minor is taken into custody. In this case, the measures taken are reported to his parents or legal representatives.
If a serviceman is detained, then the commanding staff of the military unit in which he serves is notified.
When coercive measures are applied to a citizen of a foreign country, legal representatives must notify the embassy of his country accredited in Russia.
A phone call cannot be made by people who are taken into custody for the reasons specified in paragraphs 8, 4, 2, 7, 3, 12 of the above list.
If necessary, representatives of the law should provide first aid to the detainee. In addition, they must eliminate the threat to the life and health of other citizens during detention.
The police maintain a list of detainees. These data can not be obtained by third parties, except in cases stipulated by law.
Detention protocol
After applying state coercive measures for the commission of an unlawful act, a protocol is drawn up. It indicates the date, place and time of the event. Also, the representative of the government must indicate his position, initials and surname. As for the detainee, the protocol indicates his details, the reason for the detention, the time and place of detention. It is mandatory in the protocol that the close people of the given citizen are notified that he is limited in freedom.
The document is signed by both the legal representative who drafted it and the detained person. If a citizen does not want to sign the paper, then they make an appropriate note in it. He must be handed a copy of the protocol.
Detention
According to the legislation of our country, detained people are in the premises, which are adequately guarded. In such premises, there is no risk to the health and life of the people there. The legislation also regulates their conditions of detention, the diet of detainees and medical care. Every detainee is examined before entering the cell. After leaving the cell, he is also examined. Both of these results are displayed in the protocol.
Penetration into housing, other premises or land
It is important to know that the police protect the right of every person to the inviolability of the home.
But the representatives of the law have their own powers regarding the private property of citizens. Let's consider them in more detail.
Representatives of the law cannot enter the premises with the aim of applying state coercion measures to the offender without his consent. The consent of all persons living in this area is also required.
But there are cases that allow police to enter without consent.
When representatives of the law are allowed to enter the territory, into a dwelling, another premises and to detain
The police do not need consent to penetrate if the life of citizens or their property is in danger.
If public safety is required, then law enforcement officials do not ask for consent either.
Police are allowed to enter residential or other premises or territory to apprehend crime suspects.
To stop the crime, the police can also apply coercive measures without the consent of citizens.
If there is a need for penetration, the policeman can hack locks, doors and other structures. But this can only be done if these elements impede penetration into the territory or into the room, as well as inspection.
Responsibilities of the authorities
The representative of the government, which penetrates the private territory of citizens, must perform the following actions:
- Before entering the dwelling, explain to the citizens who are inside the grounds for such an action. This rule does not apply to cases where any slowdown poses a threat to human life and health or guarantees serious consequences.
- If penetration is carried out without the consent of the people living there, then the police officer must carefully handle the property, take care of the health, honor, life and dignity of people. Also, the policeman should use the most safe methods of penetration.
- It is forbidden to disclose episodes of the private life of persons living in the room where state coercion measures are applied to the offender.
- An employee who entered the premises must report this to his superiors and provide a report on his actions within 24 hours.
- In case of penetration into the territory of the owner for the implementation of the application of certain measures of state coercion to individuals located there, the owner of the property must inform the invasion during the day.
- Also, during the day it is necessary to notify the prosecutor about entering the room against the will of the owners and the people in it.
- If penetration was carried out with burglary, then police officers should not allow unauthorized persons there.
The cordon of residential premises, territories and other premises for detention
Police officers are legally responsible. This is the application of state coercive measures in violation of the law of the country.
The police protect the right of any person to free movement. Representatives of the law restrict freedom only for the reasons indicated above. The rules apply to the cordon.
Such actions are permitted by law in several cases:
- To eliminate the consequences of accidents, natural and technological disasters, as well as during epidemics.
- The cordon is advisable during mass riots to prevent and prevent actions that threaten the freedoms of citizens, as well as interfere with traffic, organizations and disrupt communication.
- They also organize a cordon when they are looking for criminals who have escaped or evade the execution of a criminal sentence.
- In the application of state coercive measures, the cordon contributes to the search or prosecution of persons suspected of a crime.
- When anti-terrorist operations are conducted, and information about the presence of explosives, radioactive or poisonous, is also checked.
Peculiarities of the cordon for the use by the police of certain state coercion
During the installation of the cordon, the movement of vehicles as well as pedestrians is limited. This ensures the safety of people and public order. In addition, such restrictions contribute to the effective conduct of investigative measures and the capture of criminals.
Both residential premises and any others can cordon off. The main thing for representatives of the law is to prevent a threat to the health and life of people who cannot defend themselves.
As soon as the cordon is completed, the police explain to the citizens the permitted traffic directions.
Information about detainees
We have already figured out in which cases certain measures of state coercion used by the police are legitimate. Let's talk about the lists of detainees that are being maintained.
This list (register) contains data on the following citizens:
- Those who committed any unlawful act or crime and sent by the court for compulsory medical treatment.
- Exempted from criminal prosecution because the statute of limitations has expired, the parties have reconciled, by amnesty or because of remorse.
- To which certain measures of state coercion by the police were applied, based on suspicion of participation in the crime.
- Which are already convicted of the crimes committed.
- Persons under the age of eighteen who have been released from criminal punishment but are required to undergo educational work.
- Minors who have committed antisocial acts, about their legal representatives or parents who do not fulfill their educational obligations or abuse children.
- Pardoned even before the sentence entered into force.
- Victims in relation to whom they committed a crime.
- People who committed an administrative offense, in relation to whom the police applied certain coercive measures.
- Wanted.
- Missing.
- Who cannot independently provide information about himself, because he is in a helpless state.
- Vehicle owners.
- Having the right to drive vehicles.
- Registered by the police.
- On which the case of operational accounting.
- Passed fingerprinting.
- Passed genomic state registration.
- Subject to state protection.
- Rehabilitated before the legislation of our country.
- Persons without citizenship or citizenship of another country in respect of whom a decision was made on administrative expulsion or deportation.
- Citizens of our country who have registered or deregistered at the place of residence within the country.
- Those who received the passport of a citizen of our country are both ordinary and the one where there is an electronic chip.
- Persons under eighteen in respect of whom they have submitted an application for disagreement with the exit.
- Citizens of Russia who have citizenship of another country or they have the right to live permanently in another state.
- Filing applications for licensing activities related to the employment of our fellow citizens outside the country.
- Considered forced migrants if their status is extended.
- Those who applied for participation in the state program for the resettlement of our compatriots from abroad to Russia.
- Those who filed a request to issue an invitation to enter into the territory of Russia citizens of other countries, as well as those people to whom the invitation is addressed.
- Arriving in our country on an emergency basis.
- Persons who are citizens of other states or stateless at all, who are undesirable to stay on the territory of our country, and entry is further prohibited.
- Those who are citizens of other states or who do not have citizenship are given information that they left or entered the country.
- Put on the migration register.
- Drawn up migration cards.
- Received a visa or extended its validity.
- Gained the right to live in our country or extended it for another term.
- Those who have the right to carry out labor activities in our country and do not violate anything, therefore, they will not be subjected to the use of state coercion measures by the police officer.
- Applicants for recognition as refugees and asylum.
- Changed citizenship.
- Extradition due.
- Which have reduced or extended their stay in our country.
- Recognized by drug addicts or those who consume illegal substances that affect the brain.
Who can use the data?
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To understand when the detention occurs correctly, you need to know its stages.
- First establish the reasons for the detention. This may be someone’s testimony or important evidence pointing to the person to whom the enforcement measures are intended.
- After that, the detention itself takes place, as well as escort to the premises of law enforcement agencies, in which the protocol is already drawn up. The document indicates the place, time of detention, circumstances and the grounds for it.
- After drawing up the protocol, the detainee is checked with documents and an inspection is carried out. By the way, you can refuse to search.
- After all the above actions, the detainee is taken to the police, where he is explained the duties and procedural rights.
- When the explanations end, the action itself begins. Police officers conduct a search in which witnesses are present. The detainee at this time is determined in a temporary holding cell.
The important thing is that the police cannot act without a lawyer, except in cases where the detainee himself refused the lawyer.
If the real criminal is found during the investigation or the grounds for detention disappear, the police should immediately release the detainee. In order for the absence of a citizen to be documented, he is issued a certificate of detention in the police. Usually it is required at the place of service or work.
I would like to note that situations in our life can be all sorts. Therefore, it is important to be a savvy person on all important issues and not get lost in extreme situations. If in some situation there is no necessary knowledge, it is necessary to restore self-control. In a calm state, it is easier to cope with a problem and find the right solution. It is also important to remember that you can’t refuse a lawyer and not pay attention to the unlawful actions of representatives of the law. You must be able to fight for your rights. Only confidence in one's own innocence will help achieve a fair solution.