What to do if you find out that your relative (acquaintance) is in the police (State Drug Control Agency, FSB, etc.). How to find out where a detainee is? As a general rule, the detainee is delivered to the authorities at the place where the crime was committed in which the person is suspected. In the vast majority of cases, detainees are taken to the territorial divisions of the internal affairs bodies (district, city police). Also, detainees can be taken to units of the State Drug Control Service, the Federal Security Service, customs authorities, units of the bailiff service and the state fire service.
According to Art. 96 of the Code of Criminal Procedure of Russia, the investigator or interrogating officer is obliged, no later than 12 hours from the moment of detention, to notify one of the suspect’s relatives about this or to provide the opportunity for notification to the detainee himself.
In December 2015, the State Duma adopted a bill according to which a detainee has the right to one telephone call to his loved ones no later than 3 hours from the moment he is brought to the investigative agency, and this is noted in the arrest report. To find out where the detainee is, you need to contact the city duty station (service “02”), give the surname, first name and patronymic of the detainee, if possible other data, in particular, the time and place of detention, and you may be given information about the location of the detainee. It should be borne in mind that the “02” service receives information about detainees in the city, provided that the detention is formalized in full compliance with the law and orders of the Ministry of Internal Affairs of Russia, in particular, a detention protocol is drawn up and registered at the duty station of the district police unit. If you have not received information, you should visit the police department in person (they may not give you information over the phone). If you have determined the location of your relative (acquaintance) who was taken to law enforcement agencies, you need to find out why and on what basis he is there. The only basis for a citizen’s forced presence on the territory of a particular law enforcement agency is detention. There are two types of detention: administrative and criminal. Criminal detention is applied to a person suspected of committing a crime and on the grounds specified in the Code of Criminal Procedure of Russia for a period of up to 48 hours.
Administrative detention is applied in relation to a person who has committed an administrative offense for a period of no more than three hours, and in exceptional cases (in cases of violation of the border regime, violation of the rules of stay on the territory of Russia, internal waters and the continental shelf of Russia, customs cases, cases of administrative offenses for which administrative arrest is provided, for example, petty theft, appearing in public places while intoxicated, driving while intoxicated, petty hooliganism, etc. if necessary to establish the identity and circumstances of the offense) - for a period not exceeding 48 hours.
Unlike criminal detention, during administrative detention, notification is made at the request of the detainee. In addition, the list of persons whose notification is made has been supplemented in comparison with criminal detention by the administration of the place of work (study) of the detainee and the defense lawyer. In the case of minors, the relatives of the detainee are notified without fail. In both cases of detention, a detention protocol must be drawn up, which is the main and only document serving as the basis for the legal presence and detention of a citizen on the territory of a law enforcement agency against his will. If a protocol regarding the detainee was not drawn up, then the actions of the police officers responsible (state drug control, FSB, etc.) must contain signs of a crime under Art. 301 of the Criminal Code of Russia (illegal detention). Upon expiration of the period of detention, the person is subject to release, except in cases where the court makes a decision on arrest. Accordingly, the main goal of the defense at this stage is to take all possible legal measures to release the detainee by the end of the period of detention. A lawyer specializing in criminal law (procedure) can provide you with qualified assistance. The importance of the presence of a lawyer is especially great during detention due to the small amount of time and the exceptional importance of the actions taken during the investigation of a criminal case and the adoption of a decision on it.
For reference:
There is compensation for delaying the investigation. Victims in suspended criminal cases when the suspect or accused has not been identified will be able to receive it. Previously, compensation was not provided for such cases. If the pre-trial proceedings lasted at least four years, the victim can apply for compensation within six months from the date the preliminary investigation was suspended.
Where to call if a person has not returned from a rally, but the police do not have him
When many people gather in one place, the risk of accidents increases. If a person disappears at a rally, do not panic.
First, run it through the patient database of Moscow hospitals.
If it doesn't help, here's another option. This includes data on people from all morgues and medical institutions in Moscow - call the accident registration bureau.
Before going to the police and filing a missing person report, call sobering stations just in case.
If all else fails, it’s time to go to the police station and start a search. We sympathize.
Important: there is a misconception that the application is accepted only 48 hours after the disappearance (series about cops are to blame). This is wrong. The website of the Ministry of Internal Affairs clearly states that you should contact the police IMMEDIATELY if a person does not come home on time, does not get in touch and no one knows where he is.
It’s also important: anyone can file a missing person report, not just a relative.
How to write a refusal of an application if there was a reconciliation between the parties?
If a crime did take place or could also have been a misunderstanding, cases of reconciliation are frequent. Resolving the conflict immediately after filing an application is very common, because the offender very actively seeks to resolve the situation as soon as he learns about the application. It will be difficult for him to avoid criminal liability in this case, but this will at least help mitigate the punishment somewhat.
In the event of reconciliation, there are three options for the development of the situation:
- Refusal to initiate a criminal case or its termination , which is possible in the case of crimes falling into the category of private crimes. This could be minor harm to health, slander, beatings. Of course, they should not have aggravating circumstances. If they exist, this refusal will not be accepted;
- Refusal to initiate a case at the stage of verification before investigation. This paragraph applies to criminal cases of a private-public nature. These include crimes such as: violation of copyright and related rights, sexual assault and even rape. Likewise, these crimes should not have aggravating circumstances;
- Termination of criminal proceedings due to reconciliation. But not all crimes fall under this clause. The offense committed in this case must necessarily relate only to the categories of minor or moderate gravity. The punishment for these crimes, according to the law, should not exceed three years or five years of imprisonment. There must also be full consent and the desire of the applicant to stop conducting the case.
Important
Even if there was a reconciliation between the parties, the investigator has the right to refuse to terminate the criminal case or to initiate the case anyway. This petition is most often denied, allowing the case to proceed further. And its very completion takes place in court.
Reasons for revocation
In situations where the application is already with the investigator, and the victim wants to return it, in accordance with Articles 25 and 28 of the Code of Criminal Procedure of the Russian Federation, termination of the case based on the application provided by the victim is the right of the investigator, but not his direct responsibility.
According to Article 15 of the Criminal Code of the Russian Federation, such cases can be completed by a peace agreement and termination of the criminal case. It often happens that a citizen thought that blows were dealt to him, but in reality the offender simply swung at him or was rude, and the appeal to the police station was already written in an emotional outburst.
Such cases are called events that did not take place, so if such a situation does occur, it is recommended to take care of withdrawing your statement to the police as soon as possible.
Attention! In this case, the police officers will invite the citizen to write another statement in which he will outline the essence of his request and confirm this with specific facts.
In this situation, the case may be dismissed due to the lack of corpus delicti , but only if one’s point of view is supported by reliable circumstances.
In this case, there will be no criminal or administrative liability for the previously written appeal. If the two parties have reconciled with each other, and the injured party has no significant claims against the offender, then it is generally accepted that an agreement on reconciliation of the parties has been concluded between them.
If a forensic medical examination was carried out, which established severe injuries on the victim’s body, then it will be more difficult to withdraw the written appeal, but if there is a reconciliation of the parties, and moreover, the offender raised his hand to the victim for the first time, then the consideration of the application may be terminated. There is a third case, which is illegal, when they deliberately try to intimidate and put pressure on the victim so that he withdraws the submitted statement from the police.
How to get a legal certificate regarding the situation that happened
The easiest way, also online, is to write it on the portal pravoved.ru. Alas, this is not free. An urgent response will cost 289 rubles, a regular one – 89 rubles. You can pay nothing, but in this case there is no guarantee of a response.
You can also leave similar questions on this website, 9111.ru, where it’s free.
If you find yourself in a difficult situation, it’s time to independently familiarize yourself with the protocols on offenses under Articles 20.2 and 19.3 of the Code of Administrative Offenses of the Russian Federation in the Rospravosudie database. There you will find examples of situations that are similar to yours. To search, select the “Administrative Cases” category and turn on the filter by articles 20.2 and 19.3.
How to find out which police station a person is in
Start by searching for his last name on the website ovdinfo.org. Information on this resource is published by a volunteer organization.
If you or someone you know was detained at a rally, you can contact OVD-info by phone. There they will tell you what to do and help you contact a lawyer.
You can also try to find out the situation directly from the police:
- Phone numbers of Ministry of Internal Affairs departments by district
- Phone numbers of district departments of the Ministry of Internal Affairs
- Main Directorate of the Ministry of Internal Affairs
