15 days: what is administrative arrest for, laws, execution of punishment

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Violation of a number of articles of the Code of Administrative Offenses of the Russian Federation related to traffic rules is punishable by administrative arrest. These are the maximum sanctions imposed for the most serious offenses within the framework of the topic under consideration, but they can be applied to drivers, and for this reason it is worth knowing in what cases they are possible.

Next, we will consider in detail: when, for how long and who can be detained (administrative arrest) for violating traffic rules. What rights does the arrested person have, where is he imprisoned and is it possible to appeal this type of punishment.

A little about the main thing

So, why do they give 15 days of administrative arrest? When answering this question, it must be said that such a punishment is considered one of the most severe that exists in the Code of Administrative Offenses. It is prescribed only in exceptional cases.

For example, you can get fifteen days for using narcotic substances or for minor hooligan acts. In addition, administrative arrest, as one of the harsh penalties, is often applied to drivers who were driving while drunk, left the scene of a road accident, or refused to take a test for alcohol or psychotropic substances in their bodies. You definitely need to know about this.

For comparison

If we talk about administrative arrest as the most severe punishment in the Code of Administrative Offenses, then it is also necessary to add that the person is in captivity at this time (in a police temporary detention facility). Thus, this sanction can even be compared to imprisonment, which is imposed by the court on a person guilty of committing a crime.

After all, at its core, administrative arrest is temporary imprisonment in a specialized institution guarded by law enforcement officers without the right to release until a certain period. Not many people can withstand such punishment. Therefore, this sanction cannot be applied to pregnant women, persons under 18 years of age and mothers with children under 14 years of age. It’s hard to even imagine that teenagers could be in the same room with persistent violators of public order. Therefore, the law in this case establishes certain restrictions.

Conditions of detention for administrative detainees

The procedure for serving a term of administrative arrest is standardized by law No. 67-FZ of April 26, 2013. Based on the law No. 67-FZ (Article 3, Part 3), “Internal Regulations” have been prepared for special detention centers (hereinafter referred to as the Rules), where those arrested for administrative offenses are kept (Ministry of Internal Affairs Order No. 83 of 02/10/2014).

A person under arrest under an article of the Code of Administrative Offenses has the following legal rights (Article 7 of Law 67-FZ):

• informing about duties and rights, about the conditions and procedure for serving a sentence in a special detention center, as well as about their changes;
• for safety (personal);
• to the polite treatment of the special detention center staff;
• to submit proposals, complaints and statements regarding their legitimate interests, violated rights and the validity of the arrest “administration” (within the framework of the legislation of the Russian Federation);
• on dates with relatives and friends (see below);
• for legal assistance (see below);
• to keep records with documents related to the implementation of the rights and legitimate interests of the person serving the arrest;
• for health protection, including first aid, medical care and the use of medications prescribed for medical indications;
• for material and household support;
• to use your own bedding, as well as other items and things permitted by internal regulations (see below);
• to manage your funds in order to pay for telephone calls, send mail, purchase food products, hygiene products, basic necessities, printed publications and other goods permitted by the regulations of the special detention center (see below);
• to carry out self-education;
• for the use of printed publications and books, as well as for the use of literature from the library of the special detention center;
• to perform religious rites without violating the regulations of the penitentiary institution and harming the rights of other persons held under administrative arrest;
• to send mail (letters, telegrams), receive responses to requests, as well as parcels, parcels, letters and telegrams within the framework of the internal regulations of the special detention center;
• to provide bedding, dishes and personal hygiene products according to the regulations of the special reception center of the Ministry of Internal Affairs;
• for telephone conversations lasting up to 15 minutes daily (paid by the arrested person);
• to the secrecy of correspondence;
• to provide a sleeping place (individual), to sleep at night (eight hours);
• for three meals a day (daily, free);
• for a day walk (every day, duration – at least an hour);
• to provide writing materials (free of charge).

According to the terms of Article 10 of Law No. 67-FZ, an administratively arrested person is granted one meeting with close relatives for the entire period of arrest, lasting one hour. Section VI of the Rules states that up to two people can see the arrested person at a time, in a special room and only under the supervision of the special detention center staff.

The number of meetings with a legal representative (lawyer) for persons serving administrative arrest is not limited (Article 11 of Law No. 67-FZ). The duration of the meeting (visit) with a lawyer is up to 2 hours. Surveillance by the administration is carried out only visually, without technical means of listening.

The list of manufactured goods, food products and basic necessities allowed for an administrative arrestee, which is Appendix No. 11 to the above Rules, contains:

• food products that are non-perishable, do not require heat treatment, and are not expired (recognizable production date, expiration date). All food products must be industrially produced, in the original, unopened packaging of the manufacturer;
• cigarettes, matches (for smokers);
• clothes (one set), without suspenders, waist belt and tie. Headdress, seasonal shoes (metal caps are prohibited);
• tracksuit (men, one set), dressing gown (women, one set);
• underwear (only two sets);
• socks, tights, stockings;
• gloves or mittens (one pair);
• handkerchiefs;
• indoor or sports slippers (one pair);
• toiletries. Soap (liquid, toilet, laundry), shampoos, toothbrush, toothpaste or powder, cases (plastic) for toothbrush and soap, creams, plastic comb and comb;
• bag or duffel bag;
• glasses, plastic cases for them;
• pocket mirror (if there is no mirror in the room);
• safety razors, disposable or mechanical;
• sponge or washcloth;
• ballpoint pen with spare refills, simple pencil;
• writing paper, student notebooks, postcards, postal envelopes and stamps;
• toilet paper;
• religious and religious items (traditional confessions) intended for individual use (worn on the body, in a pocket). At the same time, piercing and cutting religious objects made of precious metals and precious stones, as well as those that are of cultural and historical value, are completely prohibited;
• watches (pocket, wrist) not consisting of precious metals;
• bed linen (set – pillowcase, two sheets), towel;
• literature (including educational, religious), periodicals;
• photos;
• board games.

In addition, women under administrative arrest are allowed, according to the Rules, to carry or receive by mail scarves, bras, belts, cotton wool, gauze, hairpins, hygienic tampons, cosmetic accessories, and plastic curlers. And arrested persons who have a corresponding certificate from a medical worker are allowed wooden canes and crutches.

Sanctions for drivers

So, why do they give 15 days of arrest? In this case, only administrative punishment is meant. So, this mainly concerns offenses committed in the field of traffic. For example, a driver who gets behind the wheel of a vehicle while drunk and refuses to undergo a medical examination may be arrested for 15 days. The law says so. Moreover, the same punishment can be received by a person who gets behind the wheel of a car, having already been deprived of a driver’s license.

It is also necessary to add here that citizens who have committed an accident and left the scene of a road accident may also be subject to administrative arrest. All drivers should be aware of this.

But can they give 15 days of arrest for the fact that a citizen left the scene of an accident because he took the victim to the hospital, but then returned back before the traffic police arrived? In this case, there are no grounds for imposing this punishment. But only the judicial authority will deal with this issue, based on all the evidence and materials presented in the case.

How to avoid arrest?

There are 2 ways that give a significant chance of avoiding administrative arrest, or one of them, at least, can reduce the term.

Don't show up for court

An arrest can only be imposed by a judge - this measure is not within the jurisdiction of either traffic police inspectors or even traffic police chiefs.

Most often, this method works when you are charged 20.25 for failure to pay a fine on time. In this case, you receive a summons to appear in court on a certain date and time. If you do not come, the judge will consider the case without you. But in administrative law, arrest cannot be ordered in the absence of the person involved. And then there are 2 options:

1. the judge will order a summons - your forced presence in court by bringing you to the courtroom by police officers (most often your local police officer),
2. the judge will assign a different, more lenient punishment.

Obviously, if you are caught drunk or refuse a medical examination, being deprived of your license, where there are no alternatives to arrest, then a arrest will be organized (with the hearing postponed to another day).

Often, a 20.25 arrest occurs immediately when inspectors stop you on the road - in this case, when a traffic police officer discovers your overdue fines in the database, he himself takes you straight to court, where the judge can order an arrest. This is illegal, but is practiced everywhere in 2022.

Ask to reduce the punishment

...And thus be your own advocate or attract the last of the auto lawyers. The fact is that mitigating circumstances must be taken into account when assigning punishment. But there should be no aggravating circumstances.

Simply put, in the courtroom you need:

• admit your guilt
• repent of what you have done,
• It is advisable that you have no fines at all over the last year, especially for the same traffic violation.

By the way... No, as indicated in our pictures above, the arrested persons are not handcuffed as part of an administrative arrest!

Sanctions for persons who have used drugs

In what cases is 15 days given? Here it is necessary to say that it is possible to receive this punishment for taking psychotropic substances without a doctor’s prescription. It should also be noted that currently in our legislation there are only administrative sanctions for such an offense. Thus, if a person simply used drugs himself and did not sell them to anyone or store them, then he will not face criminal punishment. You also need to know about this.

In order for police officers to determine whether a citizen is under the influence of any drug or not, the latter is taken for a medical examination. If an alleged violator refuses to undergo a certain test to determine the presence of prohibited substances in his body, then law enforcement officers have every reason to believe that he was using drugs. This is entered into the protocol by police officers. This document is submitted to the magistrate's court as evidence that the person was under the influence of prohibited substances at the time of arrest.

When does the deadline begin?

Determining the term of arrest depends on the circumstances of its appointment. If the perpetrator was sentenced to 15 days in the courtroom, and before that he was at large, then the arrest period will be calculated from the date of the verdict.

If the culprit was detained before trial, the period of detention will be included in the period of arrest. The arrest, in this case, will be calculated from the moment of forced escort to the police station (in accordance with Articles 27.2 and 27.5 of the Code of Administrative Offenses of the Russian Federation).

Separately, cases of application of arrest to persons in a state of intoxication are considered. For them, the term of arrest begins to count from the moment of sobering up. But the sobering time cannot be more than 48 hours.

Where do you have to serve?

Why do they give 15 days of administrative arrest? As it was written earlier, this punishment is imposed on people only for committing offenses provided for by the Code of Administrative Offenses. This is one of the toughest sanctions for administrative violations. People have to serve their sentences in a temporary detention center at the Ministry of Internal Affairs. As a rule, in small towns the temporary detention center is located right in the police basement. Moreover, violators for committing administrative offenses are kept in isolation from those detained on suspicion of committing crimes.

Some citizens are interested in the question of where they sit in Moscow for 15 days of administrative arrest? As already stated above, for this purpose, police departments have special temporary detention centers (abbreviated as IVS). Previously, this detention center had a different name - KPZ (pre-trial detention cell). Now the name has changed, but the purpose of such an institution remains the same.

In addition

So, in big cities, for example in Moscow, temporary detention centers (IVS) are located next to the police, and not in the basement of the Ministry of Internal Affairs. Special separate buildings are allocated for them. This is due to the fact that the number of people detained for committing administrative offenses or committing criminal atrocities here is much higher than in small provincial cities.

It is also necessary to say that people in temporary detention facilities cannot use communications, but have the right to receive food and bed linen. This is important to know. Therefore, there is no need to think that those detained there are starving; they are fed three times a day. Whenever possible, relatives bring them food from home.

Earning income from prostitution

This offense is an administrative offense and you can get a fine or arrest for up to 15 days (this is the maximum). People who receive income from the fact that women of easy virtue give them a large part of the proceeds are called pimps. It is the latter who risk being arrested and spending two weeks in a police temporary detention facility.

Therefore, when answering the question of why 15 days of imprisonment in a temporary detention center is given, we can say that the court assigns this punishment to those citizens who profit from the fact that other persons are engaged in prostitution. Such activities are prohibited by the law of our country.

Is the reason for failure to appear important or not?

If an employee is detained or arrested, then even with his best wishes, he will not be able to go to work for some time. Therefore, many employers will have a question whether this absence is considered absenteeism or not.

Arrest (detention) is a valid reason for absence from work. Thus, the servants of Themis indicate that arrest does not apply to disrespectful reasons for an employee’s absence from the workplace, since in this case nothing depends on his will, desire or unwillingness to fulfill his work duties (resolution of the Presidium of the Moscow Regional Court dated October 13, 2004 No. 631) . It is also noted that the detention or arrest of a person is carried out for committing illegal actions that are not related to disciplinary offenses, for which the employer can apply disciplinary sanctions.

Accordingly, such absence will not be considered absenteeism, which means that disciplinary sanctions, in particular dismissal, cannot be applied to the employee. However, there is no need to pay for the period of arrest.

Based on Article 129 of the Labor Code, wages are remuneration for the employee’s work. Since the arrested person cannot perform his duties, there is no basis for calculating his wages. An exception may be work during house arrest. When a preventive measure in the form of house arrest is chosen against a person, the judge’s decision indicates whether the arrested person can leave the house, use a computer, whether Internet access is allowed, and so on. Thus, if an employee is allowed to communicate with colleagues, use the telephone and the Internet, then with the permission of the employer he can work from home and receive a salary for it. Also, people under house arrest are sometimes allowed to attend work.

It is worth noting that the employee retains his average earnings if the period of arrest coincides with non-working periods for which the average earnings are retained (for example, with annual paid leave).

Reference

Based on the provisions of Article 121 of the Labor Code, the period an employee is under arrest is included in the total vacation period, since the reason for absence from work is valid. Also, according to the Regulations on the specifics of the procedure for calculating benefits (approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375), the time of arrest is included in the calculation period for payment of benefits.

Interesting

So, why can they get 15 days of arrest? Once again it is necessary to return to this issue. So, for violating public order, a citizen has a chance to end up in a temporary detention facility and stay there for 15 days. Unless, of course, the judicial authority considers it necessary to impose a fine on the person instead of temporary imprisonment in a detention center at the police department. You also need to know about this.

For example, for damaging someone else's property, you can receive a fine or go into captivity for 15 days. In addition, for obscene swearing in a public place, a magistrate may impose a similar punishment on a citizen.