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Detention: grounds, terms. Lawyer for the detainee. Lawyer Assistance in Detention

We’ll make a reservation right away that this article will not discuss the detention of a patrol police on the street to verify documents and identify yourself, your personal search or your possible detention for a minor offense.

Quite a lot has been written on this issue, and in order to independently fight back from the police or to drive their actions into the legal channel, an independent educational program is most likely enough for you. The need for a lawyer in these cases is minimal, but he, as you know, costs money.

The subject of this article is detention in accordance with the Criminal Procedure Code of Ukraine (hereinafter referred to as the Code of Criminal Procedure), that is, detention due to the fact that

  • • You actually committed a crime;
  • • You tried to commit a crime;
  • • You have not committed a crime, but you are suspected of having committed it.

Here already, believe the experience, you cannot do without a lawyer. No, of course, below you will find a considerable amount of information regarding the grounds, legality and order of detention. But with all our wishes, we, even within a dozen articles on this subject, will not cover all the intricacies, important details and nuances. After all, a conscientious lawyer should own all these nuances.

Grounds for detention

Let's start with the most important thing. To date, the police or other law enforcement agencies are not entitled to detain at their discretion. To do this, an authorized person (investigator, prosecutor, NABU detective) must apply to the court with a corresponding petition, and he must make a decision on your detention. This is the general rule - no one can be detained without the permission of the court , set out in writing.

But imagine: Morning. Two people came to you, and you are in the best traditions of the former USSR (do you have the sanction of the prosecutor?), Asking: “Do you have a court ruling”?

Visitors briefly answer: "Yes." And provide some paper.

This is where the problems can begin. But do you know what a document issued by a court and giving police officers the right to detain should look like? What information should it contain?

Perhaps you have read the relevant section of the CPC and have some general idea about this. But did that court issue a sanction? Does this judge who signed the document work there, maybe he did not pass the certification and could not make a decision? Are there any mistakes and typos that affect the lawfulness of the detention, and do these mistakes entail the impossibility of its execution?

Only a specialist who constantly rotates in the system of law enforcement agencies can answer and provide these questions. As you already understood, this is a lawyer.

Or another example. Often the court, authorizing by its decision the actions of the police, gives permission to carry out such actions (this is especially true for searches or seizures (temporary access) of specific police officers.

For example, the court ordered the police of the Kiev district police department to Ivanov and Petrov to carry out the detention. And according to official certificates, they work in another police unit. Or all the same in Kiev, but their names are not Ivanov and Petrov, but Vaskin and Petkin.

Should they obey, or are the actions of these police officers illegal? Again, a lawyer is needed.

When court authorization for detention is not needed.

The law provides for two exceptions to the general rule:

  • • Police Detention;
  • • Detention by an ordinary citizen.

Detention by a police officer (or other law enforcement official) is possible if you are suspected of a criminal offense for which a sentence of imprisonment is prescribed. This is possible only in the following cases (Article 208 of the CPC):

1) if you are caught in the commission of an offense or tried to commit it;
2) if immediately after the fact of the criminal offense you are pointed out as a criminal:

  • • citizen who directly saw this fact;
  • • a set of obvious signs on you, your clothes or the place of the misconduct (for example, blood on your clothes);

3) if there is every reason to believe that you can hide in order to avoid criminal liability, and at the same time, you are suspected of committing a grave or especially grave corruption crime, attributed by law to the jurisdiction of the National Anti-Corruption Bureau of Ukraine.

Detention by a citizen is possible only in the following cases:

1) if you commit a criminal offense or intend to commit it;
2) immediately after committing a criminal misconduct or as a result of continuous prosecution (that is, if the misconduct occurred yesterday, but it turns out that you are faster than your pursuer). But if you come across yesterday’s pursuer today, such a detention on his part will be already illegal.

Further, such a citizen must take you to the police, or at least inform the police about the facts of the criminal offense and the detention, as well as about your whereabouts.

What follows the detention?

So, you are detained either on the basis of a document issued by the court or without it, on the grounds listed above. What next?

First of all, the police officer must immediately inform you (necessarily in a language that you understand and speak):

  • • grounds for detention;
  • • What criminal offense are you suspected of.
  • •  

Secondly, the policeman should clarify your rights. This is the right to a defender (a lawyer mentioned by us many times), to receive medical assistance, to give explanations, testimony or not to say anything about suspicion of oneself, immediately inform other persons about the detention and the place of stay, etc. ..

Upon the fact of your detention, as a person whose relative suspicion is of a criminal offense, a protocol is drawn up which indicates: the place, date and exact time of detention (up to a minute); grounds for detention, results of personal search; your petitions, statements or complaints, if any; A complete list of your rights and obligations.

The detention protocol is signed by the mentioned police officer and you.

Duration of detention

If the detention is authorized by the court, then, as a rule, the issue of detention was considered simultaneously with the choice of a preventive measure in the form of detention. And the further algorithm is then clear.

If the court did not give such sanction, the period of your detention may not exceed seventy two hours from the moment of detention. At the same time, no later than sixty hours from the moment of detention, you must either be released or taken to court to consider the issue of choosing a preventive measure.

Attention, about the detention, the authorized person must immediately inform your close relatives by phone or in any other way and the lawyer, who should be requested from the very beginning of the detention.

Do you have problems with law enforcement and were detained or intend to do so?
  You didn’t break the law, but suggest a possible detention?
  Do you consider it necessary to agree with a lawyer in advance and get qualified advice?
  Contact our law firm! Our lawyers will accompany you at all stages of this procedure and achieve a positive result!

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