A law-abiding citizen is by no means immune from attacks by one offender or a group of people committing hooliganism. In order to competently defend your legitimate interests when interacting with law enforcement officers and in the judiciary, having achieved compensation for the damage suffered, it is useful to know what hooliganism is and how it differs from similar illegal acts.
The concept of hooliganism is spelled out in the Criminal Code of the Russian Federation. Accordingly, hooliganism is not an administrative offense, but an act entailing criminal liability.
Important: one should clearly distinguish between hooliganism as a crime defined in the Criminal Code of the Russian Federation and petty hooliganism as an administrative offense prescribed in the Code of Administrative Offenses (CAO) of the Russian Federation.
But in each case, whether minor or “major” hooliganism, these are always actions that violate public order and mean obvious disrespect of the offender/offenders for society.
Comments to the article of the Criminal Code “hooliganism” state that public order is a generally accepted / established system of relations between individuals in a particular society, the rules of community life on the basis of mutual respect, established not only by the current legislation, but also by traditions, customs, and moral norms.
Please note: according to the Code of Administrative Offences, petty hooliganism is a violation of public order (public order), and according to the Criminal Code - a gross violation. The concept of a gross violation of the OP is evaluative. It means materiality, significance, a significant measure of the violation. Qualify the actions of a person precisely as provided for in Art. 213 of the Criminal Code allows for the mandatory presence of clearly expressed (obvious) disrespect for society.
It is also important to note that (petty) hooliganism is always an intentional (administrative) crime. If it is not possible to discern malicious intent in the actions of the guilty person, they should be classified as another administrative or criminal offense.
Insulting, beating, causing harm to the health and/or property of the victim/victims, committed on the basis of hostile (hostile) relationships with relatives, neighbors, or co-workers, do not constitute hooliganism if the actions of the culprit(s) do not have obvious intent to violate the OP.
The main sign of hooliganism is that the listed actions are carried out against unfamiliar and unknown persons. The attacker sees or specifically seeks in the victim’s behavior a reason for aggressive actions towards him or he himself provokes a stranger into a conflict.
Important: if a stranger approaches you on the street, you should communicate with him exactly as a stranger (without shaking hands, trying to stop the dialogue as soon as possible, etc.) and in no way give him a reason to justify himself by finding arguments that they are to blame for the conflict You.
If the offender committed violence that resulted in slight harm to health, this is Art. 213 CC. If the victim’s health is caused serious or moderate harm, the criminal offense must be qualified in combination (simultaneously) of Article 213 and Art. 112 or art. 111.
Types of hooliganism
Based on the letter of the Criminal Code of the Russian Federation, as well as the practice of both law enforcement and legal, three types of hooliganism can be distinguished:
domestic - committed with the use of weapons or dangerous objects replacing them on the basis of hostility (hostility) towards the victim / victims, which arose spontaneously;
extremist - committed with a weapon (its “substitute”) or without it for specific reasons set out in paragraph “b” of Part 1 of Art. 213 of the Criminal Code - due to political, national, racial, ideological or religious enmity (hatred) or out of motives of hatred (enmity) towards any social group;
hooliganism in transport - committed with or without the use of a dangerous object (weapon) in the cabin of any public transport vehicle, be it on board an airliner, a sea or river passenger vessel, a passenger train, a regular bus or a minibus.
General criminal liability for hooliganism (synonym: rowdyism) on public transport was introduced in Russia on April 3, 2017, when the President of the Russian Federation signed Federal Law No. 60-FZ on the corresponding changes to the Criminal and Criminal Procedure Codes. Part 1 art. 213 of the Criminal Code of the Russian Federation was supplemented with a new paragraph “c”.
Important: the same law introduces a new article of the Criminal Code of the Russian Federation 267-1 on criminal punishment for actions that jeopardize the operation of vehicles. According to this article, criminal offenders now include:
hookers - persons clinging to train cars;
offenders throwing stones at trains and other vehicles;
attackers blinding pilots (drivers) with laser pointers.
falling under the 1st part of Art. 213 - from a fine of 300 thousand rubles to imprisonment for up to 5 years;
under the 2nd part - for a crime committed by a group of persons or associated with resistance to a representative of the authorities or another person protecting the OP (policeman, vigilante, etc.) - from a fine of 500 thousand rubles. to imprisonment for a term of up to 7 years;
under the 3rd part - for an act involving the use of explosive devices or substances - imprisonment from 5 to 8 years.
How long can the police detain without charge {q}
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If a citizen is suspected of a crime, the time of detention can be extended to 72 hours. This is possible based on a court decision. The maximum time of police detention is 120 hours (5 days). After this, the detainee must be released due to the fact that the suspicions were not confirmed, or some kind of preventive measure must be chosen against him. The court may impose house arrest, release the person on his own recognizance, etc.
We answered the question of how long they can be held in police custody without charge. Next, we will consider how to behave when detained.
Examples
Here are three examples of hooliganism:
Citizen N. invited citizen V. to a cafe where he drank alcohol. At some point, due to intoxication, the lady became jealous of citizen D., who was resting at the next table. He suggested that D. “go out and talk,” and when the fist fight did not go in favor of the jealous man, he found a stone on the ground near the cafe, grabbed and hit the victim. If N. had beaten a stranger with his fists out of spontaneous jealousy, it would have been petty hooliganism, but the use of a stone as a weapon brought the citizen under the article “hooliganism” of the Criminal Code;
Citizens K., L. and M., who lived in the same high-rise building, were dissatisfied with the location of a food market next to it, which was a gathering place for people of Caucasian nationality. One day the three of them started drinking alcoholic drinks in a small bar near the market. Returning home, we met two Caucasians, attacked them with ethnic insults, after which the conflict turned into a fight. Citizens K., L., M. should be prosecuted under Part 2 of Art. 213 - disrespect for society based on national hatred;
Citizen P. was flying from Moscow to Novosibirsk. I made a request to the flight attendant, but she politely explained that this service was not provided on board this airline. The explanation did not satisfy P., he began to insult the flight attendant, then hit the passenger in the next seat in the face. Obviously a gross violation of the OP on public transport - paragraph “c” of the 1st part of the article “hooliganism” of the Criminal Code of the Russian Federation.
Development of legislation in the field of hooliganism
Throughout the world, hooliganism is considered the “primary school” of criminal activity, especially violent and mercenary activities. Now the state recognizes that a person is of the highest value. Human priority gives rise to the need for friendly relations between people, compliance with the rules of caring behavior and the creation of conditions that will ensure a healthy nation. To achieve these goals, every citizen is obliged to comply with the rules of public behavior and safety established by the state. People must also follow rules that are aimed at preserving human health. When these conditions are not met, the balance in society is upset: accidents occur, people get sick, and material assets are lost. Therefore, hooliganism is characterized by a high degree of danger. The Criminal Code of the Russian Federation prescribes rules that provide for liability for attacks aimed at public order and safety. This group of crimes has its own characteristics. These actions involve a violation of established duties and rules of civil behavior.
- Hooliganism is a crime against established public order.
- It is a socially dangerous act.
- Such actions are recognized as a multi-objective crime, the commission of which violates public order and security.
- Hooliganism implies active actions leading to disruption of public order.
Such criminal behavior violates the conditions of rest and work of every person. And if it is accompanied by violent methods, then there is a threat not only to public order, but also to people’s lives. In addition, hooliganism is the first step towards serious crimes. Most experts believe that legislation in this area needs to be finalized and improved. For example, Article 213 of the Criminal Code of the Russian Federation should include liability for persons who contribute to the commission of hooliganism in the form of inaction. Today, police officers often mistake such violations for a crime against property or person. As a result of incorrect classification, unfair punishment for hooliganism is imposed. Therefore, crime problems require careful analysis. Criminal liability for this offense should be tightened, and the article devoted to it should be finalized in order to correctly qualify the final crimes. Then the punishment for hooliganism imposed in court will be fair.
The difference between hooliganism and petty hooliganism
The Plenum of the Supreme Court on hooliganism, which adopted Resolution No. 45 of November 15, 2007, was dedicated to ensuring uniform and correct justice for all crimes of hooliganism, including the interpretation of the issue of “hooliganism and its legal difference from petty hooliganism.”
Thus, when deciding the presence or absence of a gross violation of public order in the actions of a citizen, consisting of obvious disrespect for society / society, the courts are ordered to take into account the time, method, place of their commission, as well as examine their duration, intensity and other circumstances of a particular case. The Supreme Court document orders the circumstances proving the crime under the article on hooliganism to be indicated in the verdict.
Changes in the law
In March 2022, amendments to the Code of Administrative Offenses of the Russian Federation came into force, expanding the scope of Article 20.1. Parts 3 to 5 that appeared in it introduced liability for the dissemination of information that threatens public morality on the Internet. Such information includes any materials that offend honor and dignity or express disrespect for society, the state, government institutions, and state symbols.
Note!
An offense committed for the first time will be punishable by a fine of up to 100,000 rubles. For repeated or subsequent violations, the fine can be up to 300,000 rubles. Arrest for up to 15 days is also possible.
The difference between hooliganism and vandalism
How to legally correctly distinguish between hooliganism and vandalism follows from paragraph 15 of the said resolution of the Plenum of the Supreme Court. According to the document, the key difference between hooliganism and vandalism is that the consequences of the latter are damage to property through desecration of buildings and other structures or damage to property in public places (including transport).
In cases where the perpetrators, according to the conclusions of law enforcement officers, committed acts containing signs of both vandalism (Article 214 of the Criminal Code of the Russian Federation) and hooliganism, the act must be qualified under the combination of both articles of the Russian Criminal Code.
In order to ensure the correct and uniform application of legislation on criminal liability for hooliganism and other crimes committed with hooligan motives, the Plenum of the Supreme Court of the Russian Federation decides to provide the courts with the following clarifications:
1. In accordance with the law, only such gross violation of public order, expressing clear disrespect for society, which is committed with the use of weapons or objects used as weapons, or for political, ideological, racial, national or religious reasons, can be recognized as criminal hooliganism. hatred or enmity or based on hatred or enmity towards any social group.
When deciding whether the defendant’s actions constituted a gross violation of public order, expressing clear disrespect for society, the courts should take into account the manner, time, place of their commission, as well as their intensity, duration and other circumstances. Such actions can be committed both in relation to a specific person and in relation to an indefinite number of persons. A person’s obvious disrespect for society is expressed in a deliberate violation of generally accepted norms and rules of behavior, dictated by the desire of the perpetrator to oppose himself to others, to demonstrate a disdainful attitude towards them.
The court must establish what specifically constituted a gross violation of public order, what circumstances indicated a clear disrespect for society by the perpetrator, and indicate them in the verdict.
2. The use of weapons or objects used as weapons should be understood as deliberate actions aimed at a person using these objects for both physical and mental influence on the victim, as well as other actions indicating an intention to use violence using these weapons or items used as weapons.
3. When qualifying a person’s actions under paragraph “a” of Part 1 of Article 213 of the Criminal Code of the Russian Federation, courts should, if necessary, on the basis of an expert’s opinion, establish whether the object used in hooliganism is a weapon intended to defeat a living or other target. If there are grounds for this, the actions of the person who used a weapon during the commission of hooliganism must be additionally qualified under Article 222 of the Criminal Code of the Russian Federation.
Objects used as weapons in the commission of hooliganism mean any material objects that, based on their properties, can cause harm to human health.
In cases where, in the process of committing hooliganism, a person uses animals that pose a danger to human life or health, the act, taking into account the specific circumstances of the case, can be qualified under paragraph “a” of Part 1 of Article 213 of the Criminal Code of the Russian Federation.
4. The use of unloaded, faulty, unusable weapons (for example, training weapons) or decorative, souvenir, toy weapons, etc. during the commission of hooliganism. provides grounds for qualifying the offense under paragraph “a” of Part 1 of Article 213 of the Criminal Code of the Russian Federation.
5. When qualifying the actions of the perpetrator as hooliganism committed by a group of persons by prior conspiracy, the courts must proceed from the requirements provided for in Part 2 of Article 35 of the Criminal Code of the Russian Federation. When deciding on the qualification of such actions under Part 2 of Article 213 of the Criminal Code of the Russian Federation, courts should keep in mind that a preliminary agreement must be reached not only on the commission of joint hooligan actions, but also on the use of weapons or objects used as weapons, or committing such actions based on political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity against any social group by any of the accomplices. To qualify the crime, it does not matter whether all persons who agreed to commit such a crime used weapons or objects used as weapons.
If one person, in the course of committing joint illegal actions in the absence of a preliminary conspiracy with other participants in the crime, used weapons or objects used as weapons, or continued hooligan actions based on political, ideological, racial, national or religious hatred or enmity or hatred or enmity towards any social group, committed by him, if there are grounds for it, is subject to qualification under the relevant paragraph of Part 1 of Article 213 of the Criminal Code of the Russian Federation (Article 36 of the Criminal Code of the Russian Federation).
Actions of other participants who were not bound by a prior conspiracy and did not use weapons or objects used as weapons, and also did not commit criminal acts motivated by political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity in relation to any or social group, do not form part of the specified crime. If there are grounds for this, such actions can be qualified as petty hooliganism (Article 20.1 of the Code of Administrative Offenses of the Russian Federation).
6. If a person involved a minor in committing a crime provided for in Article 213 of the Criminal Code of the Russian Federation, his actions are subject to qualification according to the totality of crimes provided for in the relevant part of Article 213 of the Criminal Code of the Russian Federation and part 4 of Article 150 of the Criminal Code of the Russian Federation (for involving a minor in a criminal group).
7. The actions of the perpetrator should be qualified as hooliganism associated with resistance to a government official or other person performing duties to protect public order or suppress a violation of public order (Part 2 of Article 213 of the Criminal Code of the Russian Federation) in the case where resistance was provided directly during the commission of a criminal offense. punishable hooliganism.
In cases where resistance to a representative of the authorities is provided by a person after the cessation of hooligan actions, in particular in connection with subsequent arrest, his actions are subject to qualification under the totality of crimes provided for in Part 1 of Article 213 of the Criminal Code of the Russian Federation and the corresponding article of the Special Part of the Criminal Code of the Russian Federation, which provides for liability for a crime committed (for example, under Article 317 or Article 318 of the Criminal Code of the Russian Federation).
Do you need the help of a lawyer under Article 213 of the Criminal Code of the Russian Federation?
Some citizens underestimate Article 213 of the Criminal Code of the Russian Federation, however, as we see, sanctions for this crime can be very harsh. Moreover, it is worth considering that Russian courts quite often impose punishments not in the form of corrections or fines, but in the form of imprisonment.
A person suspected or accused of hooliganism should definitely enlist the support of a competent criminal lawyer . An experienced specialist uses all legal possibilities to help his client, if not free himself from punishment, then significantly mitigate it.
Thus, a lawyer, if there are legal grounds, can achieve:
- Completion of criminal prosecution or criminal case at the stage of preliminary investigation (for example, due to the non-involvement of the principal in the events that occurred).
- Termination of a criminal case and release from criminal liability in connection with the payment of a court fine, reconciliation, active repentance in accordance with the requirements of Chapter 11 of the Criminal Code of the Russian Federation (with the imputation of Part 1 of Article 213 of the Criminal Code of the Russian Federation, if the crime is completely new).
- An acquittal in the case.
- Reclassification of the act according to Article 20.1 of the Code of Administrative Offenses of the Russian Federation.
- Reclassification of the act from Parts 2 and 3 to Part 1 of Article 213 of the Criminal Code of the Russian Federation, which provides for a more lenient punishment.
- Assigning the most lenient punishment, not related to placement in a colony.
- The sentencing is below the minimum limit.
Since Article 213 of the Criminal Code of the Russian Federation contains rather vague criteria for determining actions that constitute the objective side of hooliganism, even with extensive judicial practice, the decision to bring a citizen to criminal liability often acquires a subjective connotation.
The lawyer’s task is to collect irrefutable evidence, build an impeccable line of defense and, ultimately, convince the court of the defendant’s innocence or ensure that the least punishment is imposed.
Order a lawyer's services
If you or your loved one is facing Article 213 of the Criminal Code of the Russian Federation, contact the specialists of the Trial Lawyer Law Firm. We will advise you on the initial steps and will do everything possible to protect you when entering into an agreement!
Article: beatings and hooliganism
The second important point is that battery will be considered a unilateral infliction of bodily harm. Because if aggression comes from both sides, then this is already a fight.
For participation in it, you can also receive punishment, up to imprisonment - it all depends on the consequences. But still, the approach to the participants in the fight and to the perpetrators of beating a person differs significantly.
Sometimes criminal acts can be identified by marks on a person’s body.
These are abrasions, scratches or bruises. But in some cases there are no signs of violence.
- The reason for the torture was hostility towards representatives of a certain:
- political group;
- nationality;
- religion;
- social group.
In this case, the perpetrator will be punished with imprisonment for a period of 3 to 7 years.
Reasons for detention
How long a person can be detained by the police depends on the reasons why he was taken to the police station.
The detainee must list them and name the period of temporary restriction of freedom. Grounds for detaining a citizen by police officers:
- lack of documents;
- suspicion of committing a crime or complicity in it;
- existence of a court decision on detention;
- evasion of punishment;
- entry into a protected area;
- attempted suicide;
- search;
- escape from custody.
https://www.youtube.com/watch{q}v=UttylwwPhRk
The full list of reasons is contained in Art. 14 of the Federal Law “On Police”.
Let us dwell in more detail on the grounds for detaining a citizen by police officers if he is suspected of a crime. In this case, a citizen may be temporarily deprived of his liberty if:
- he was found at the crime scene;
- the citizen was identified by the victim or witnesses;
- They found evidence with traces of blood on him.
Statute of limitations
Another possible option is when a person was brought to administrative responsibility for beatings, and he repeated the same action. That is, he again carried out the beatings without hooligan motives and without particularly dangerous consequences in the form of impairment of the victim’s health.
The brawler may be mistaken in counting again on a lighter administrative charge. However, in fact, a repeated offense (that is, committed within one year after the previous punishment under the same administrative article) already falls under a special criminal article (see.
Police will not be able to detain drunks for more than 48 hours
The Russian government has introduced a bill to the State Duma that actually does not allow the police to detain drunken violators in the area for longer than the required 48 hours.
During this time, you must have time to complete the materials in order to bring you to administrative responsibility. Or you will have to release the sober citizen.
As experts explained to RG, today the Code of Administrative Offenses states that the usual period of administrative detention is three hours. If, under an article that threatens a citizen, administrative arrest is provided, then the person can be detained for up to 48 hours.
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Let us remind you that only a court can assign 15 days. Therefore, all procedures require more time in this case.
But it happens that a patrol detains a citizen who has drunk to the point of insanity. “The very fact of being in a public place under the influence of alcohol (as well as drugs) is grounds for detention,” lawyer Pavel Ivchenko explains to RG.
According to him, a drunk will also be detained if his behavior interferes with others and creates a threat to their life and health. For example, when a drunk drives a vehicle, drinks alcohol in public places, is rude to others, and the like.
Three hours will begin to flow after the person sobers up. But you can’t keep it longer than two days in any case.
The problem is that without a clear time frame, the norm created the ground for arbitrariness. In fact, the police officers themselves decided whether the person had sobered up or not. With the help of small tricks (that is, without noticing that the person had sobered up), a citizen could be kept in the area for as long as the police needed.
The Ministry of Internal Affairs told how many drunk passengers were removed from flights
Three hours easily turned into ten or fifteen. And in some cases, a person could stay at the station for longer than two days.
In November last year, the Constitutional Court recognized this provision as inconsistent with the Basic Law. Since the concept of “sobering up” is not spelled out in the law and there are no rules from what minute a drunk person can be considered sober, some other guidelines are needed.
“The draft proposes to establish that the sobering up process itself cannot last more than 48 hours, which, according to the authors of the bill, will resolve the current conflict,” explains Doctor of Legal Sciences Ivan Solovyov.
In other words, the timer will turn on after the person, according to the police, becomes more or less sane. Yes, here, of course, much will still remain at the discretion of the police. But at least they will be limited in time.
After the person comes to his senses, the police will have three hours to process the materials. However, if the article against which a citizen is charged requires administrative arrest, then everything must be resolved in 48 hours in any case. It is impossible to delay the time due to the fact that for some time the detainee did not understand anything due to alcohol. And there is enough time for everything about everything.
Article: beatings and hooliganism punishment
Responsibility for battery in the family
A pressing problem is beatings inflicted by loved ones. Controversial reviews have caused changes in legislation that are designed to decriminalize the punishment for domestic battery.
It is understood that in cases where beatings are committed for the first time and do not entail slight, moderate or severe harm to health, they are not classified under the Criminal Code.
But if the victim has serious health problems or the incidents are repeated repeatedly, the case moves from the administrative plane to the criminal.
As for children, the provisions of Article 63 of the Criminal Code of the Russian Federation remain in force, in which beatings against small family members are considered a more serious crime than committing violent acts against strangers. And the rights of children are protected by separate legislative acts.
In what cases are they delayed for 3 hours{q}
Let's consider in what cases a detention of 3 hours is possible. The main reason is to clarify the identity. This means that the citizen aroused suspicion among the police, but he did not have any documents with him. In this case, law enforcement officers can take him to the department.
We invite you to familiarize yourself with: Sample application to the police: registration of appeal and structure
If during this time it turns out that the citizen is on the wanted list, is suspected of a crime, etc., the time of detention by the police will increase. In addition, a person who was drunk in a public place may be detained for three hours.
After three hours, the detainee must be released if:
- suspicions were not confirmed;
- there are no grounds for detention;
- during the arrest, the requirements of the law were violated.
Remember that if you exceed the time of police detention without reason, you have the right to demand immediate release.
Administrative detention is carried out differently. Every citizen is required to present identification documents upon the legal request of a law enforcement officer acting in the performance of professional duties. Such documents include:
- general passport of a citizen of the Russian Federation;
- temporary identity card if the passport is returned for replacement;
- birth certificate for citizens under 14 years of age;
- passport of a foreign citizen who has legal permission to stay in Russia (for example, a visa);
- a document granting the right to stay in the country to a stateless person;
- military ID for citizens undergoing active military service.
Other certificates and forms will not be considered as a proper identification document.
Note! If a police officer makes a legal demand for identification documents, the citizen is obliged to comply. If the specified documents are not with the citizen, or he refuses to present them, a legal basis for administrative detention arises.
Temporary restriction of freedom within the framework of the Code of Administrative Offenses of the Russian Federation cannot exceed three hours. As a rule, this time is enough to confirm the citizen’s identity. To check, it is enough to provide your personal data, as well as the address of permanent or temporary registration. Police officers will carry out a check using information databases and, if there are no complaints, the citizen will be released.
In what cases can administrative detention be extended for 3 hours{q} Article 27.5 of the Code of Administrative Offenses of the Russian Federation provides for special cases when administrative detention can be extended up to 48 hours, for example, the detention of a person subject to forcible deportation from the Russian Federation, as well as a number of other grounds .
If you have problems with unlawful detention, we recommend that you seek help from our specialists. Fill out the feedback form on the website or consult with our lawyers - we will prepare a detailed legal analysis of your situation and offer the most optimal options for action.
ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.
Article battery and hooliganism term
- Salary amount for a period of 2-3 years;
- Mandatory work up to 480 hours;
- Correctional labor for a period of 1 to 2 years;
- Forced labor for up to 5 years;
- Imprisonment for up to 5 years.
A similar punishment is imposed if hooliganism was committed on the grounds of national, religious, ideological, or racial hatred, also on public transport, be it a bus, an airplane, or a motor ship.
Criminal liability for hooliganism begins when a crime is committed using a weapon.
If during the conflict there was resistance to a representative of the authorities , there was a violation of public order carried out by prior conspiracy or by an organized group of people, the punishment will be more severe:
- Fine from 500 thousand to 1 million.
The period of detention of drunk citizens will be calculated from the moment of sobering up
https://www.youtube.com/watch{q}v=p5b068PJYFE
The time of detention depends on the reasons why the person was taken to the police station. Employees of the Ministry of Internal Affairs are required to name them and indicate for how long their freedom is being restricted.
On what grounds can police officers detain a citizen:
- lack of identification;
- suspicion of committing or complicity in a crime;
- existence of a court decision on detention;
- evasion of punishment;
- search or escape from custody.
These are the most common reasons for detention. The full list of grounds is contained in Art. 14 of the Federal Law “On Police”.
I would like to focus special attention on the reasons for the detention of a person suspected of committing a crime. His freedom may be temporarily restricted if:
- caught red-handed at the crime scene;
- identified by the victim or eyewitnesses of the event;
- They found evidence with traces of blood on him.
Detention procedure
Any detention must be carried out according to the rules. An employee of the Ministry of Internal Affairs is obliged:
- state your full name and position;
- present your official ID;
- indicate the reasons and time of detention.
The detainee is brought to the police station. His things are inspected, an inventory is drawn up and information is entered into the protocol. A copy of the protocol is given to the citizen for review and signature. Be careful - even if you are assured of its formality, read the protocol from beginning to end. Otherwise, you can easily sign a confession to committing a crime.
Detainees are kept in specially designated premises that must meet all sanitary standards. However, it is prohibited to contain in one place:
- men and women;
- adults and minors;
- healthy people and those suffering from infectious diseases.
They are provided with food and a place to rest.
And although a person is kept locked up, he has the right to call his family, lawyer, or notify his superiors about his detention. If a citizen is under 18 years of age, police are required to immediately notify parents or guardians of his arrest.
Many people are interested in why they can be detained for 48 hours. This is only possible for one reason - the police suspect the citizen of breaking the law. They have two days to confirm their guesses or release the detainee.
They may also be detained for 48 hours to clarify the circumstances in the following cases:
- the crime was committed in internal waters or a special economic zone;
- customs rules were violated;
- illegal crossing of the Russian border.
A person suspected of an administrative offense will be detained for a similar period. But only for which arrest or deportation from the country is provided.
After 48 hours, events can develop according to one of three scenarios:
- the court will choose a preventive measure;
- will extend the time of detention (only on exceptional grounds);
- the citizen will be released.
The released person is given a certificate confirming his stay in the police custody for two days. It will come in handy at work.
Anyone, even a law-abiding citizen, can be detained. Such cases are not uncommon. Therefore, it is important to know from what moment the period of detention is calculated.
The Constitution of the Russian Federation (Article 22) and the Code of Criminal Procedure of the Russian Federation (Article 10) state that, pending a court decision, no one can be detained for more than 48 hours from the moment of actual detention. The time is indicated in the protocol, and 48 hours must be counted from it. Exceeding this period even by a minute is illegal.
The period of detention is not always two days. In some cases there may be a delay of 3 hours. For example, to determine identity. If a citizen arouses suspicion among police officers, but is unable to produce documents, then he has the right to be taken to the police station.
The police have 3 hours to find out the identity of a citizen and find out whether he is wanted or not a suspect in a criminal case. If there is a crime behind him, then the time of detention by the police will increase.
After 3 hours, the detainee must be released if:
- identity confirmed;
- suspicions were not confirmed;
- there are no grounds for detention;
- during the arrest, the requirements of the law were violated.
Typically this period is 48 hours. But if a citizen is suspected of a crime, then the court has the right to extend the period of restriction of freedom to 72 hours. The maximum period of police detention is 120 hours.
If the suspicions are not confirmed, then the detainee must be released. Another option is also possible - choosing a preventive measure, if there are grounds. For example, the court may impose house arrest or release you on your own recognizance.
Rights of the detainee
Everyone has the right to defend their rights. Therefore, it is important to know what the detainee has the right to.
First, ask the police officer to introduce himself and show his identification. Find out on what basis the detention is carried out and for how long.
Secondly, do not resist, even if you do not agree with the reasons for the detention. Do not argue or insult police officers during execution; this will result in criminal liability under Art. 319 of the Criminal Code of the Russian Federation. Nobody wants to pay a fine of up to 40 thousand rubles.
Thirdly, you have the right to call a lawyer immediately. The department must give you a copy of the arrest report.
Fourth, no one can force you to testify. You can also prove your innocence and file complaints against the actions of police officers.
We hope that these simple rules will help defend your right to freedom. If the detention turns out to be illegal, the police officers can be held accountable.
Article: Difference between beatings and hooliganism
- the blows or violent actions were repeated, since a single blow cannot be qualified as beating.
When collecting evidence of bodily harm, you should act “hot on the trail.”
Evidence may include:
- results of forensic medical examination;
- witness's testimonies;
- video materials;
- physical evidence found at the scene.
When carrying out investigative activities, law enforcement officers interview the victim, accused and witnesses, request a description from the district police officer at the place of residence of the culprit and from his place of work.
Medical examination results
A medical examination can be carried out independently or upon referral from law enforcement agencies.
Article beatings and hooliganism differences
This term is enshrined in the Criminal Code of the Russian Federation (Article 116).
How does the term “beating a person” differ from beating? In essence, the concepts under consideration are identical. Because beating means beating.
So this article also includes scratching, hair pulling, pinching, slapping, etc. It is important to know that a single blow is not usually classified under this article.
There are two key points on which the identification of actions under the Criminal Code depends.
- all traces of violent acts on the victim’s body, their nature;
- approximate time of beating and time to seek help.
Since beatings are not only striking, but also committing other violent acts, when examining the victim, the doctor checks for the presence of:
- traces of bites, scratches;
- traces of physical impact with various objects: belt, rods, cord, etc.;
- burns resulting from thermal, chemical exposure;
- frostbitten areas;
- pulled out nails, teeth, hair.
Based on this document, a forensic medical examination report will be drawn up (in absentia).
A certificate of beatings does not replace an expert opinion in court.
If your health condition allows, you should first contact law enforcement agencies.
However, the law does not have a clear list of actions that are recognized as evasion.
Grounds and procedure for detaining a drunk citizen by the police - terms for detaining drunk citizens
The period of administrative detention of a citizen without a court decision should not exceed 48 hours, regardless of whether he is intoxicated or sober. The Constitutional Court of the Russian Federation came to this conclusion after studying the complaint of a resident of the Tyumen region, who, while drunk, committed petty hooliganism.
According to the current Code of Administrative Offenses of the Russian Federation, the time of detention for drunken offenders begins from the moment they sober up, for sober offenders - from the moment of delivery to the police station (Part 4 of Article 27.5 “Terms of Administrative Detention”). Moreover, the period of such detention without a court decision is limited to 48 hours, if the violator may face arrest as punishment.
The different approach to sober and drunken violators was challenged in the Constitutional Court of the Russian Federation by a resident of Novy Urengoy, Evgeny Sizikov, who was detained while intoxicated on March 29, 2013 in Moscow for petty hooliganism.
Between his arrest and the court hearing on April 1, at which he was sentenced to 12 days of arrest, 59 hours passed. At the same time, the judge counted the time already spent at the police station since March 29 into the sentence.
According to Sizikov, the norm of the Code of Administrative Offenses, which allows for administrative detention of persons for more than 48 hours without a court decision, contradicts the Constitution of the Russian Federation, which guarantees equality of all before the law and the court and prohibits detention before a court decision for more than two days.
At the same time, the court confirmed that, indeed, it is impossible to draw up documents or question a detainee in a drunken state, since he will not be able to fully understand the motives for the detention, as well as the nature and scope of the claims being made.
“It is precisely to ensure these conditions that Part 4 of Art. 27.5 of the Code of Administrative Offenses, which establishes the rule on calculating the period of administrative detention of a person in a state of intoxication from the time of his sobering up,” the Constitutional Court explained. In his opinion, the norm does not diverge from the constitutional goals of protecting the rights and freedoms of man and citizen, and corresponds to the lawful solution of production problems.
However, in practice, a drunken violator is forcibly detained until he sobers up, “and, as a rule, in premises intended for the detention of persons against whom proceedings are being conducted for an administrative offense.”
As a result, their freedom is forcibly limited not only from the time of sobering up, but also before it, the Constitutional Court indicated.
note
Because of this, the total duration of extrajudicial forced restriction of personal freedom of citizens in a state of intoxication may exceed 48 hours.
Now the legislator has to correct the legislation based on the conclusions of the Constitutional Court.
