Resistance to the police: punishment, armed resistance, articles of the Criminal Code of the Russian Federation and other details

illegal demand of a police officer

When meeting with law enforcement officers, many citizens find themselves at a loss and do not know how to behave.

But there is a category of citizens who, when asked by a police officer to present documents, do not obey the police, try to run away or insult the police officer during arrest. Often citizens directly resist the police (break out, do not allow them to handcuff, etc.). This act will be qualified by the court as resistance to law enforcement officials or a police officer .

Knowing your basic rights and responsibilities will help you avoid becoming a victim of arbitrariness and breaking the law yourself.

Even if you believe that you were detained illegally , it is important not to resist, remain calm and not insult the law enforcement officer.

Do not threaten police officers or attempt physical violence.

What powers does the police have?

First of all, the police can:

• check citizens' identity documents, as well as;
• inspect and detain citizens suspected of committing an offense;
• enter (penetrate) residential and other premises, land plots and territories.

The order of these procedures is prescribed in Art. 13-15 of the Police Law.

If the detainee shows resistance or disobedience, the police have the right to use physical force.

Characteristic signs of disobedience

The commentary to Article 19.3 names as its object certain requirements for the management of a company.

The objectivity of illegal actions consists of:

• in disobedience, having committed an offense, to the lawful instructions of a police officer;
• out of indifference to the comments of the guardian of the law;
• from a demonstrative refusal to carry out an employee’s order or continued inaction;
• obstructing in any form the performance of official duty by a police officer.

The article determines that instructions are legal and are given by a representative of the government who is on duty, in the form prescribed by regulatory documents for each case.

Subjects are persons sixteen years of age. Subjectivity lies in the presence of intentional actions of the perpetrator.

Illegal actions of the target (use of physical violence, degrading statements, use of obscene language) lead to the commission of this offense by the subject. In any case, the subject will commit his illegal acts if he is morally ready to disobey.

What is the penalty for failure to comply with the demands of a police officer, the penalties applied for resistance?

Administrative responsibility

Failure to comply with lawful demands of police officers or obstruction of law enforcement officers usually refers to administrative violations.

Art. 19.03 of the Code of Administrative Offenses of the Russian Federation provides for a fine of 500 to 1000 thousand rubles for these actions, or arrest for up to 15 days (if such an act is committed for the first time). Repeated offenses entail a fine of 5,000 rubles or arrest for up to 30 days.

A citizen can also be charged with petty hooliganism under Art. 20.01 Code of Administrative Offenses of the Russian Federation.

Petty hooliganism is a violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens, as well as destruction or damage to other people's property.

Punishment for petty hooliganism is a fine of 500 to 2,500 rubles, or arrest for up to 15 days.

Criminal liability

Criminal liability arises for publicly insulting a government official in the performance of his official duties, for the use of violence or the threat of violence against a government official or his close persons in the performance of his official duties.

Thus, if a citizen resists the police, he may be prosecuted under Article 213 of the Criminal Code of the Russian Federation for Hooliganism.

Punishment for hooliganism includes a fine of 500 thousand rubles. up to 1 million rubles or imprisonment for up to 7 years.

Read how to distinguish petty hooliganism from hooliganism here>>> .

For non-dangerous violent actions (or the threat of violence), a citizen can be fined up to 200 thousand rubles or imprisoned for up to 5 years.

If the violence caused harm to health or threatened the life of a police officer, then the punishment will be severe - up to 10 years in prison.

Punishment for the use of violence is regulated by Art. 317-319 of the Criminal Code of the Russian Federation.

The punishment is established by the court taking into account aggravating or mitigating circumstances. It depends, first of all, on the degree of damage caused to the police officer. Insults towards a law enforcement officer or damage to his uniform aggravate the crime. Therefore, you can be charged under several articles at once for resisting a police officer.

If you decide to defend yourself, you should remember that:

• All cases are unique and individual;
• Understanding the basics of the law is useful, but does not guarantee results;
• The possibility of a positive outcome depends on many factors.

Administrative responsibility

Administrative liability for arrest occurs under Art. 19.3 of the Code of Administrative Offenses of the Russian Federation, which is of a general nature. It establishes liability for any disobedience to a lawful order of a police officer, including disobedience during a lawful arrest. Responsibility does not arise if the detention occurs on other grounds - it is illegal.

Disobedience is passive. Most often this is inaction, ignoring a police officer’s orders, and always the use of physical force against an employee.

For a police officer's actions to be considered legal, he must:

1. be dressed in appropriate uniform;
2. introduce yourself and provide the stopped citizen with a law enforcement officer ID;
3. explain the purpose of checking documents or fulfilling other requirements by the citizen.

Fine

The sanction under this article is an administrative fine in the amount of 500-1000 rubles or 15 days of arrest. Such cases are subject to the jurisdiction of magistrates' courts. The application of punishment in the form of arrest is available only on the basis of a court decision. It does not apply to certain categories of citizens: pregnant women and mothers of children under the age of 14, employees of the Ministry of Emergency Situations, Department of Internal Affairs, Federal Penitentiary Service, military personnel, minors, patients with hemophilia, insulin-dependent diabetes mellitus, stage 4 cancer, and others.

In other cases, the choice of punishment is at the discretion of the judge, taking into account all aggravating and mitigating circumstances of the offense. Thus, practice shows that if an offense is committed for the first time, a fine is more often imposed.

Disobedience and resistance, what's the difference?

Disobedience is defined in the Code of Administrative Offenses of the Russian Federation as a clear unwillingness to comply with legal requirements or ignoring them.

Characteristic signs of disobedience

• failure of a citizen who has committed an offense or is suspected of it to comply with the lawful request of the police;
• ignoring comments;
• refusal to comply with police demands;
• obstructing the performance of official duties by a police officer.

Resistance to police officers is intentional active actions that impede their work.

Administrative complaint against a police officer

In total, the appeal process can be divided into two types: administrative and judicial. The first option of a complaint against the actions of a police officer is relevant if the appeal is addressed to any department of government authorities that is not included in the judicial system. The second option concerns filing an application through the court. The procedure, features, deadlines for filing and consideration of an administrative complaint are regulated by the provisions of the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation,” as well as those laws and departmental orders that determine the activities of certain government bodies. For example, the Federal Law “On the Prosecutor’s Office of the Russian Federation”, order of the Ministry of Internal Affairs of September 12, 2013 No. 707 “On approval of the Instructions on organizing the consideration of citizens’ appeals in the system of the Ministry of Internal Affairs of the Russian Federation”, Federal Law “On the Government of the Russian Federation” and others.

The possibility of filing an administrative complaint against the actions of police officers is also provided for by the requirements of the Code of Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation). For example, in the case of appealing a decision in a case of an offense (Article 30.2 of the Code of Administrative Offenses of the Russian Federation).

Armed resistance to police

The use of weapons as such does not serve as an aggravating circumstance in court proceedings. In such cases, the decisive factor is the degree of harm caused to the police officer and the presence of a threat to life.

However, if a citizen who resisted arrest by police officers is found to have a weapon, additional liability arises, determined by the Criminal Code.

For example, if there is no official permit for a weapon, this will aggravate the guilt of the detained citizen.

You cannot carry a weapon while intoxicated or draw it unless there is a direct threat to life.

In addition, it is prohibited to bring weapons to public events (rallies, concerts, religious meetings).

So a citizen who is detained with a weapon and resists can be prosecuted on at least two counts - illegal possession and carrying of weapons and hooliganism.

Preventive measures

In the Russian Federation, there are several preventive measures that are aimed at preventing the crimes in question:

1. improving the material security of the population, which reduces the number of dissatisfied citizens;
2. registration and carrying out explanatory work with persons who have served sentences for similar offenses;
3. professional retraining of law enforcement officers;
4. creating conditions for the inevitability of bringing to justice for persons who have committed crimes of this nature;
5. using the media to publicize the facts of bringing to justice persons who resisted government officials.

A significant reduction in the number of resistance to police officers occurs in the case of the implementation of a set of social measures and support from the population:

• stability of the social component of citizens' life;
• educating citizens in the legal field;
• familiarization of the population with cultural values;
• forming a positive opinion about the work of law enforcement agencies.

An equally important component in the fight against resistance to police arrest is reducing the level of criminalization of the population:

• combating manifestations of criminal tendencies;
• proper education of a person;
• corrections on a psychological level for persons who have already committed similar acts.

Difference between legal and illegal and illegal demands of a police officer

It is not always possible to understand whether the demands of law enforcement officers are legal or illegal.

The policeman’s demands to present documents and stop illegal actions or actions that pose a threat to someone’s life are clearly legal. Police may also require you to leave the scene of a crime or search operation.

The requirement to proceed to the police station in connection with the arrest is also legal, as well as to show things: the contents of a bag, pockets or clothing. But in these cases, the police are required to follow a formal procedure - draw up a protocol (see sample below). Neglect of the rules of procedure creates great opportunities for arbitrariness.

The most controversial requirement is to leave a public street event. The police have no right to disperse or detain public rallies unless they are spontaneous and have been agreed upon with the city administration.

You need to be sure that the event you are attending is organized in accordance with the law. Then the arrest will be considered illegal.

Recently, a person's life can be tracked by his phone.

If the police demand that you show the contents of your phone, such a demand is unlawful.

The law guarantees the protection of personal data and the right to privacy of correspondence. Access to them can only be obtained by court order. Even if arrested, the police do not have the right to demand this.

This also includes the demand for a bribe. There is serious responsibility for this. Therefore, most often the police speak about a bribe in hints. This makes it more difficult to prove the fact of extortion.

For what reasons can I complain?

There can be many reasons, but the most common are the following:

1. A police officer (precinct) acts unlawfully, violates the law, acts not in accordance with the regulations, exerts pressure;
2. Law enforcement officers did not come when called,
3. The employees accepted the statement that a crime had been committed, but were in no hurry to carry out verification activities;
4. If a check on the application was carried out, but rather superficially and formally, and based on its results, the initiation of a criminal or administrative case was refused;
5. If the police fail to act in other situations;
6. If, after the initiation of a criminal case, police officers do not carry out the necessary investigative measures and rush to quickly close it and put it in the archives;
7. Employees of internal authorities behave defiantly and not in accordance with the regulations.

In the above situations, it is highly undesirable to delay writing an appeal to the supervisory authorities, therefore measures must be taken without delay.

Responsibilities of police officers and citizens' rights

Legislation limits the powers of the police, gives them responsibilities, and gives citizens rights when interacting with representatives of the law.

Before checking documents, searching or arresting a police officer is obliged to:

• introduce yourself;
• state your official title and position;
• present a valid ID.

During detention:

• explain the reason for the detention;
• read out to the citizen his rights and obligations;
• draw up a protocol, providing the detainee with a copy.

Until the policeman does this, all his demands are considered illegal.

It is especially important to request a copy of the arrest and personal search protocol. If you want to prove the illegality of police actions in court, the protocol will be one of the main pieces of evidence. If you have a copy of this document, then it can no longer be rewritten in the way the police need.

Typically, the protocol for personal inspection of items looks like this:

You have the right to demand compliance with these conditions, and in the event of detention:

• receive a copy of the protocol;
• make one phone call (you must be given this opportunity no later than three hours from the moment of arrest);
• use the services of a lawyer and translator.

Detention cannot last more than 48 hours. Before the end of this period, the detainee must be released or provided with a court decision on his arrest.

During the inspection, require the presence of witnesses and the drawing up of a protocol. Only a person of the same sex as you can inspect you. There is a high probability that the police will simply not search you, not wanting extra paperwork.

Rights of traffic police officers

In many ways, the rights and responsibilities of traffic police officers and ordinary police officers overlap. They are also required to introduce themselves, present identification, draw up reports of offenses, and provide copies of them to drivers.

In addition, traffic police officers have the right to:

• demand to stop the vehicle;
• check identification documents confirming the right to own and drive a vehicle;
• refer the driver for a medical examination for alcohol or drug intoxication;
• accompany citizens to the hospital in case of a real threat to their life and health.

Unlawful assault by a police officer

Unlawful assault by a police officer is very rare. In such cases, police officers face more severe punishment than ordinary citizens - the use of official position is an aggravating circumstance.

An assault is considered unlawful if there are no clear signs of an offense or if the police officer failed to fulfill his duties. In addition, the police do not have the right to use weapons unless there is a threat to someone’s life or health.

In such cases, there is no question of resisting a police officer during arrest. A citizen who has been unlawfully attacked has the right to defend himself. Including the use of weapons for which he has permission or does not require special permission. The main thing is not to exceed the limits of permissible self-defense.

In practice, if you are attacked by a police officer, it will be very difficult to prove it in court!

Crime classification

The detention procedure must be carried out by authorized law enforcement officers, in strict accordance with the current procedure. At the same time, certain requirements during arrest are imposed on the suspect himself. First of all, his resistance to the representative of the law is excluded. The suspect must behave appropriately even in the situation if he completely denies his own guilt and believes that the detention is completely unlawful.

Current regulations establish that exposure to an authorized person may include the following actions:

1. Disobeying an order given by government officials. In this case, resistance may be expressed in a refusal to put a pistol or other weapon on the ground.
2. Refusal to comply with requests to cease criminal activities.
3. Refusal of an order to lie on the ground, put your hands behind your back, etc.
4. Disobeying a police officer, using retaliatory force, attempting to use a weapon against authorized persons, etc.

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Also, this type of violation can be expressed in various curses addressed to police officers, and in other actions that turn out to be a clear hindrance and impede the proper conduct of the arrest.

Often, suspects try to escape from the scene of a crime, or escape from the hands of law enforcement officers right during arrest. This act will also be qualified by the court as resistance to law enforcement officials or a police officer.

What to do if a police officer acts illegally

In the event of unlawful demands from the police, you may refuse to comply with them if such actions are clearly violent.

Be sure to tell the police that you believe their actions were unlawful. Require formalities.

But when it is difficult to distinguish a legal requirement from an illegal one, it is better to obey the police.

You will still have to prove your position in court that the police acted unlawfully. And our courts are usually on the side of the police.

But if they are trying to illegally arrest you, it is better not to offer physical resistance. Even if you manage to prove that the arrest was illegal, you may still be prosecuted.

What influences the court's decision in a case of assault on a police officer?

Assaulting a police officer is a more serious offense than disobeying or resisting. It is punishable under Articles 317 and 318 of the Criminal Code. In especially serious cases, the offender may be sentenced to life imprisonment.

The presence or absence of a direct threat to the life of the policeman, the degree of harm caused, and the physical and mental state of the attacker play a role here.

Ideally, when considering such cases, the court is obliged to take into account all the circumstances, but in practice, prepare for the fact that the court will be biased against you.

Nuances

Filling out and filing a complaint against a police officer is accompanied by strict requirements and a number of nuances that should be taken into account in practice:

1. In the process of checking the materials presented in the complaint, management may assign and conduct an internal audit against the violator. In this case, if the latter’s guilt is proven, he will be subject to disciplinary action.
2. A complaint can also be submitted to the Public Chamber, which is responsible for monitoring and conducting inspections of all government bodies. In order to submit an application online, you can use the link: eis.oprf.ru
3. The Russian Federation has a Human Rights Council, which rarely considers private complaints from citizens. However, if the violation was significant, it may be examined by the HRC.
4. Any violation of laws and human rights may be the subject of consideration of an appeal by the President of the Russian Federation. To do this, you can fill out the form at the link: letters.kremlin.ru It should be understood that the complaint addressed to the head of state will also be forwarded to the territorial police department whose employee committed the violation.
5. If the complaint contains incomplete or incorrect information about the violation, or contains a threat to the property (life and health) of a person, it will not be considered.