A suspect is detained for criminal punishment if he is caught at the crime scene or in the immediate vicinity of him; if the injured party or people who have witnessed the crime, indicate the identity and claim that it was this person who committed the illegal act; if on the clothes of the suspect, in his dwelling or on himself, traces will be found indicating the commission of a crime. Only under these conditions can a person be detained. At the same time, a protocol for the detention of the suspect is drawn up, in which the circumstances that made it possible to suspect the person of a crime are indicated.
When compiling the protocol, law enforcement officials should explain why the person is being detained, what are the reasons for this, and familiarize him with their rights. One copy of the protocol is given to the suspect. If these circumstances are not directly established, then detention may be made on occasions that are subsequently dealt with at the police station. For example, if a person is trying to escape, if he does not have a permanent residency mark or has no documents with him and his identity cannot be established. After the suspect has been detained, law enforcement agencies are required to report this fact to their relatives. After that, this person is kept in the detention center until the circumstances are clarified.
It must be remembered that the suspect can be kept in the isolation ward for no more than three days. During this time, investigative measures should be taken and after this period either: a) release him in view of the fact that his participation in the crime was not confirmed; b) upon confirmation of participation in the crime, a measure is selected that is not related to detention; c) the court announces to the detainee a measure of restraint and imprisonment.
It is worth knowing that the suspect has his rights. Firstly, the person should be notified of what she is suspected of - this is voiced by law enforcement officials in the same way as all the actions they perform.
Police officers must familiarize the suspect with the protocol, which indicates the reasons for his detention. After this, an interrogation is carried out. During him, the suspect is questioned about circumstances that may directly or indirectly relate to the crime. To speak or not to talk about any circumstances whatsoever relating to or not relating to a crime is everyone's personal business. The right of the suspect is to give or not to testify. It is important to remember that refusal to give or false testimony is not punishable for a suspect.
The person also has the right to counsel and to meet with him before the first interrogation. Therefore, it is worth demanding a lawyer and a meeting with him immediately after the detention of the suspect. Also, a person suspected of a crime has the right to present evidence, which is especially important. It is best that this be run by a lawyer who knows what arguments can remove the charges from the suspect and how to provide such evidence.
In the event that the detention of the suspect is unlawful, he has the right to demand a judicial or prosecutorial check on the fact of detention. After the unlawfulness is established, the suspect can be requested to recover non- pecuniary damage and restore his reputation. It is important to remember that any state coercion made by law enforcement agencies can be appealed in court, and the suspect himself has all civil rights - the right to a lawyer, the right to refuse to testify, to visit relatives, etc.