What to do if you are arrested by the police

Why you need to read this material

There are two reasons why it may seem that to read such texts you do not need: blind faith in the law or the lack of confidence in him also.

In the first case you think that the police will never be interested in you, because you do not break anything. Alas, the reasons for the interest on the part of law enforcement agencies may be quite different.

In the second case, unfortunately, is not easy to convince you. The following text will be built on the rule of law and talk about how things should be. But there is no guarantee that these rules will be strictly adhered to. In this case, you need to know their rights: they will be much more difficult to violate, because at least you will be able to require compliance with them.

Therefore, the text should read up. More would be better if he never does not apply.

Why you can delay

According to lawFederal Law "On Police" on February 7, 2011 N 3-FZ a police officer can not come to the first comer, and he wrung his hands. Base should be already to just check your documents. A police officer may ask to see your passport if:

• He suspects that you have committed a crime.
• You have committed an administrative offense.
• There are reasons to believe that you are in search of.
• There is reason to detain you.

On the latter point, the base is also spelled out in the lawFederal Law "On Police" on February 7, 2011 N 3-FZ. You can delay if:

• You are suspected of a crime.
• The court ruled that the conclusion you into custody.
• You shy away from the execution of punishment imposed by the court or compulsory treatment.
• You wanted.
• You have attempted to enter the protected site (but for no longer than three hours).
• You tried to commit suicide.
• Do you have symptoms mental illnessYou can be dangerous to others.

What to look for at the time of arrest

When checking the documents or detention of a police officer is obliged toFederal Law "On Police" on February 7, 2011 N 3-FZ voice their position, rank and surname, present a certificate of employment, explain the reason for treatment.

Try to remember the details and the details of what will happen in the future. The information is useful when meeting with an attorney and drafting of complaints and appeals.

By the way, the law does not prohibitFederal Law "On Police" from 07.02.2011 N 3-FZ shoot a policeman in the performance on video. Yourself to do this will, most likely, is problematic. But, if you go with someone else, even if the satellite will take advantage of this opportunity. It is better to choose a view that you can see that it makes a law enforcement officer.

If the police stop you, and then let go, look around. Also, you should check the pockets for extra equipment. There were cases when disgruntled employees plantedPolice planted drugs visitor to "charge" be brought to justice people something, it does not belong. For example, a packet of drugs. And it could find another policeman just around the corner.

In this case, try not to touch the bag with his bare hands, so as not to leave fingerprints on it. If possible, get rid of the findings is necessary, but a universal way to do it is not.

Leading Lawyer European Legal Service advises Oleg Cherkasov record and save telephone hotline Ministry of Interior in your area. You can find it on the site office in section "Contacts".

If a police officer deliberately acting illegally, it is likely that after your call he abandon his intentions.

Oleg Cherkasov, a leading lawyer of the Legal Service of the European

How to behave during arrest

Try to remain calm, not coarse and not to make sudden movements that can be qualified as violenceArticle 318 of the Criminal Code. The use of violence against a government representative against a government representative. Do not try to hide from the police.

Try not to pick up anything that is not yours, even if you strongly pulled some bag or weapons with a request to identify.

What to do first after detention

If you feel that there is something not that important as soon as possible to find a lawyer. Do not count on counsel provided by the state: it can be not financially interested in the success of the case, since the fee will receive in any case. Plus he sees you for the first time, and with the police he has yet to work.

The law gives the right to one phone callFederal Law "On Amendments to the Criminal Procedure Code of the Russian Federation" dated 30.12.2015 N 437-FZ with family (spouse, parents, children, adoptive parents, the adopted, brothers and sisters, relatives, grandparents, grandchildren).

It is important that we are talking about is the conversation. If you do not get through the first time, refuse to repeated attempts are not allowed.

Call to close, who will not waste time lamenting and quickly find you a lawyer. Now it is more important than the emotions, as the purpose of the call, in the law - to inform about the detention and location. Although the duration of the call and unlimited, it is unlikely you will be given time for long explanations.

Give you the opportunity to contact the police must close no later than three hours after the arrest.

What to say and what sign

Within three hours should be drawn upCode of Criminal Procedure Article 92. The detention of a suspect detention. In it, the date and time of the protocol; date, time, location, grounds and reasons for detention of a suspect; the results of its search and other circumstances.

From the documents that you will sign up to a meeting with a lawyer, it depends very much, so be careful.

Extend the time to meet with human rights activist will help error in protocol. If the circumstances with your words written wrong, the facts are distorted, not to sign the document - your right. True, the use it will be difficult, if they put pressure on you.

In addition, your refusal to sign the protocol does not have a substantial legal significance.

It is better not to refuse to sign the protocol, as in this case, you do not raise any objections to its content. refusal to sign the fact in any case be certified by witnesses, your position will remain unheard and never will be reflected in the documents.

Oleg Cherkasov, a leading lawyer of the Legal Service of the European

If you sign a protocol, make sure that everything in it was fixed right, and fill empty seats dashes: This will help avoid fraud. Ask for copies of the protocols that you have the documents in their original form, in case there is something to add. Or specify a protocol that is misspelled, and a caption only after that.

Remember: you can refuse to testify against themselves on the basis of Article 51Article 51 RF Constitution. You might say that is beneficial to cooperate with investigators. But if you are in no way to blame, you just do not have the possibility to make a compromise and does not belie itself.

As far as you have the right to detain

administrative detention term should not beArticle 27.5 of the Administrative Code. Terms of administrative detention be more than three hours. The period may be increased to 48 hours if you want to establish your identity or violation involves administrative arrest.

During the detention in a criminal case the period of 48Code of Criminal Procedure Article 92. The detention of a suspect hours. If during this time you were not charged and the court has not ruled on the measure of restraint in the form of detention or to extend the period of detention, you have to let go.

If the court has decided to extend the period of detention, his total time may not exceed 120 hours.

What else you have rights

In addition to the right to call and the possibility not to incriminate yourself, you can qualifyArticle 14. Detentionon:

• Translation services.
• Medical care.
• Hot food, if you are detained for more than three hours.
• A place to sleep if you are detained at night.

Points to remember

• Do not apply resistance to the police and do not try to escape.
• Try not to touch what is not yours.
• Find out who you delay and on what basis.
• Require as quickly as possible to give you the opportunity to call loved ones.
• During a conversation with a close solve the most important question - about the attorney.
• Watch out for that sign.