The detention of a criminal is a procedural measure of coercion. It is used by the interrogator / investigator for a period not exceeding 48 hours. The countdown is carried out from the moment of the actual restriction of freedom of the subject. Let us further consider what methods exist for apprehending a criminal .
General rule
Legislation enshrines a number of guarantees of the reasonableness of detention. The CPC clearly defines the conditions, motives, procedure and terms for applying the procedural measure. Relevant provisions are found in Articles 91-96 of the Code. A citizen's freedom may be temporarily restricted if there is reason to believe that he has committed a crime. The procedural measure in the form of short-term imprisonment is applied only in cases of suspicion of acts for which, among other sanctions, imprisonment has been established.
Crime: Criminal Code
The definition of unlawful action is established by Article 14 of the Code. A crime is considered a dangerous act committed by the perpetrator, prohibited by law under the threat of punishment. An action / inaction that formally contains the above signs, but in view of its insignificance does not constitute a danger to society, will not be considered unlawful. The types of criminal offenses enshrined in the Code differ in composition, qualifying features, and sanctions. However, they are all united by the presence of public danger, as well as the possibility of applying punishment to the perpetrator. Some types of criminal offenses are revealed quite quickly. Other acts require complex investigative measures. However, in any case, citizens who have committed crimes shall be detained if they have not pleaded guilty themselves.
Grounds
If there is a suspicion of an act, an authorized employee may apprehend the offender if:
- A citizen is taken by surprise during or immediately after the assault.
- Eyewitnesses or victims will indicate the subject as having committed an act.
- Traces of a crime will be revealed on this citizen or on his clothes, in his home.
If the authorized employee has other information that gives grounds to suspect a person of an unlawful act, a procedural measure may be applied to him, if he does not have a permanent place of residence or tried to hide, or his identity is not established, or the investigator with the consent of the department head / interrogator with the permission of the prosecutor sent a request to the court for the detention of the subject.
Other data
Carrying out the detention of a criminal , an authorized employee uses factual information that indirectly indicates the citizen's involvement in the act. Other data may include:
- Testimonies of victims / witnesses who were not eyewitnesses of the event. From the content of the information received from them it should follow that the detained person is involved in the crime.
- Testimony of suspects / accused of accomplices in the assault.
- The results of investigative measures, testifying to the involvement of specific citizens in the act.
- Inventory materials, revisions.
- The similarity will take those indicated by the witness, the victim, etc.
“Other data” - information less specific than the grounds on which the arrest of the offender is carried out. In this regard, legislation links the application of a procedural measure to a number of conditions. In particular, we are talking about trying to hide, the lack of a permanent place of residence, documents by which you can identify the citizen. The presence of these circumstances makes the detention of the person who committed the crime necessary because it gives this measure an urgent character, reinforces the validity of the assumptions about the involvement of the subject in the unlawful act. In this case, an important fact must be taken into account. If, for example, there is one condition (for example, the absence of a permanent place of residence), but there is no "other information" that gives rise to a suspicion of a person in a crime, detention is unacceptable.
Important point
It is necessary to distinguish between actual and procedural detention. The first involves the capture of a citizen and his forced delivery to the investigator or interrogator. The right to apply a procedural measure is exercised only in the manner prescribed by the Code of Criminal Procedure, and exclusively by employees or bodies with the appropriate powers. For example, a citizen who committed a crime was captured. The Criminal Code does not establish preventive measures. In this regard, at the place of the event, the subject cannot be charged with this or that article. According to the rules, prosecution is carried out within the framework of production. The detention was carried out before the initiation of proceedings. The moment of actual restriction of mobility determines the actual capture of a citizen. At this point, the countdown begins. However, within three hours after the delivery of the subject to an authorized employee, a decree must be drawn up to initiate proceedings (if there is reason for this). In addition, a detention protocol is drawn up. From the moment of its compilation, it is considered that a procedural measure has been applied to a citizen.
Motives
The choice of a coercive measure, the choice of its type are the right, and not the duty of employees conducting the production. The law provides that the relevant employee may detain a person if there are suspicions of his involvement in the commission of a crime, the grounds and conditions enshrined in the norms. The right will become an obligation only if motives arise that make it necessary to seize in each specific case. They may include:
- Suppression of illegal action.
- Prevention of new attacks.
- Deprivation of the opportunity to destroy evidence, hide or in any other way create obstacles to establish the circumstances of the case.
- Establishment of involvement or non-involvement of a citizen in an unlawful act.
- The decision on the issue of detention of the subject.
Detention cannot be used as a means of obtaining a guilty plea for a crime.
The timing
As article 94 of the Code of Criminal Procedure indicates, the detention of a criminal cannot last longer than 48 hours. This period is valid until a court order is issued to apply a preventive measure in the form of detention or to extend the period of restriction of freedom of movement according to the rules of Art. 108 (part 7, paragraph 3). According to Art. 128 (part 3) of the Code of Criminal Procedure, when detained, the established time period is calculated from the moment of actual capture. A clear definition of it is of great procedural importance. The importance lies not only in the fact that the reference point of 48 hours is associated with the presence of the actual moment. Of particular importance is the opportunity for detainees to receive the assistance of a defender and the exercise of the rights enshrined in Article 46 of the Code of Criminal Procedure. Upon actual seizure, an authorized employee shall explain to the citizen the right to have a lawyer. All periods of procedural detention, with the exception of the time for compiling the protocol, are calculated from the moment of direct restriction of freedom of movement. For the correct calculation of periods it is necessary to take into account the hour, minute and day of detention.
Delivery
The legislation does not regulate the period in which a citizen must be brought to an authorized employee. It seems that the specifics of the transport infrastructure and the geographical features of the country do not allow to fix any specific period. However, the detainee must be delivered to the authorized body within a reasonable period not exceeding 48 hours. The end of this period is considered the basis for the release of the citizen.
Protocol
It is compiled within three hours after delivery of the subject to the authorized body. During this period, all information about the citizen must be obtained, his identity established, and so on, information about the conditions and grounds for the detention (if they were not previously recorded) should be made out. The protocol shall indicate the date and time of its preparation, as well as the actual seizure, motives, the grounds for the implementation of this action, the results of the inspection, other circumstances. The latter should include information about the use of force against a citizen, about whether there was harm when detaining the offender , information about bodily injuries, about the provision of medical care, etc. The protocol should contain a note that the subject was explained his rights. The document is signed by the employee who drafted it and detained.
Search
A personal search may be carried out if there are grounds for this. The search is carried out according to the rules regulated by article 184 of the Code of Criminal Procedure. Unlike the traditional procedure established by law, personal search during detention can be carried out without issuing a relevant resolution. At the same time, authorized employees must comply with a number of rules. Personal search is carried out by an employee of the same sex with a suspect in the presence of witnesses of the same gender.
Specificity
Detention is classified according to:
- The number of citizens (in group and single).
- Place of implementation (in the office, in the apartment, on the street, etc.).
- Time spent on preparation (in hot pursuit, planned, etc.).
A sudden seizure requires decisiveness from employees, the use of special equipment, good physical training, and the ability to quickly navigate in a changing environment.
Criminal Detention Tactics: Training
When developing a plan to capture a citizen, it is necessary:
- Gather information about him and his close circle.
- Choose the time and place of detention.
- Determine the composition of the group participating in the event.
- Prepare weapons, special equipment, vehicles.
- Instruct capture participants.
- Develop measures for the safe conduct of the action.
Mandatory Actions
When detaining a dangerous criminal , you must:
- Set up hidden observation posts.
- To cordon off the territory adjacent to the capture site.
- Place participants at starting points.
- Conduct distracting events.
- Conduct a personal search, examination of the place adjacent to the detention center. These actions are carried out after the actual detention of a citizen.
Penetration into the room
In connection with the recent attacks , law enforcement officers often detain armed criminals . For this, employees have to penetrate into the premises where these citizens temporarily reside and store prohibited items. Knowing that the subject is armed and very dangerous , each employee must take measures to ensure the safety of others. After entering the premises where the suspects are located, the participants immediately come into contact with them. In addition, subjects capable of resisting quickly come to light. If a citizen is armed and very dangerous , special means are used, methods of hand-to-hand combat.
Penetration Methods
Often the detention of suspects in the premises is carried out in a short time. However, such an operational action requires some preparation. In particular, it is mandatory to collect information about the owner of the premises, the circle of his connections, the availability of an emergency exit, access to the attic or basement. Penetration is carried out in different ways, under various pretexts. Often, emergency exits, balconies, windows, ventilation are used for this. In some cases, access to the premises is not possible, so detention is carried out on the street.
Open Capture
The detention of the person who committed the crime on the street has a number of pluses and minuses. First of all, the employees have the opportunity to monitor the suspect, his escort, movements, attempts to destroy evidence, get rid of some items. In addition, employees can suddenly get close to a citizen. However, there are some difficulties. You can not use weapons against detainees in crowded places. In addition, it should be noted that his accomplices may be next to the suspect. They may try to make noise, interfere with detention, and compromise police officers.