Detention is a short-term restriction of freedom of a person suspected of committing a crime. Detention is possible only in cases where one of the possible punishments for the crime is imprisonment.
More details about police detention: the procedure, grounds and deadlines can be found in this section.
How long are they in the temporary detention center?
Let's turn to the Code of Criminal Procedure.
The period of detention should not exceed 48 hours from the moment of actual capture of the citizen. During this time, the investigator or inquiry officer finds out the person’s involvement in the crime committed and decides whether there is a need to choose a preventive measure and, in particular, to apply to the court for detention. Consequently, after 48 hours, a detained citizen can either be released or transferred to a pre-trial detention center. Many suspects are concerned about the question: for how long can detention be extended?
The answer is contained in paragraph 3, part 7, article 108 of the Code of Criminal Procedure, according to which the detention can be extended by the court for another 72 hours from the moment the court makes a decision on the extension. Consequently, purely theoretically, the maximum period of detention on suspicion of committing a crime when extended by a court can be 120 hours or 5 days; in practice, taking into account the fact that the decision to extend the period of detention is not made by the court at the last minute of the 48th hour of detention, this period is somewhat shorter.
It should be borne in mind that detention as a short-term restriction of freedom is also used in cases of administrative offenses. Administrative detention is allowed for a period of up to 3 hours from the moment of delivery, and in some cases, for example, in cases entailing administrative arrest as punishment, administrative deportation from the Russian Federation, also in cases encroaching on the border regime, violation of customs rules - up to 48 hours.
How long can a person be kept in a pre-trial detention center before trial?
As an exceptional method of suppressing obstacles to the investigation of a case, placing the accused in a pre-trial detention center is used. The total period of detention in a pre-trial detention center, established in Article 109 of the Code of Criminal Procedure of the Russian Federation , should last no more than two months.
It is understood that during this time all necessary actions for a complete investigation of the circumstances of the case will be carried out. In practice, this period is often extended because new facts arise, witness testimony requires clarification, and so on. For any category of cases, this time period can be extended to six months.
If a person is accused in a case classified as grave or especially grave crimes , then the law allows for an increase in the time spent in a pre-trial detention center to twelve months. The same Article 109 of the Code of Criminal Procedure indicates that an increase in the term is possible only if there are special difficulties in conducting the case. Law enforcement officials will find many arguments indicating the exceptional complexity of the investigation they are conducting.
When it comes to a particularly serious crime, the accused can be held in custody for one and a half years.
However, one should not think that an investigator or judge always strictly adheres to the rule of law. There are often cases when the duration of detention exceeds 2 years .
Justice workers take advantage of the fact that appealing a court decision also takes some time. And writing appeals from a pre-trial detention center can be quite difficult. As a result, the accused are kept in custody for as long as the investigator needs, even if it goes against the rule of law. There is only one way out - to hire a meticulous lawyer who will constantly monitor the process of investigating the case.
Total: 18 months is the maximum period of detention that a person can spend in a pre-trial detention center before trial.
Before sending the case to court, all materials must be transferred to the accused for review no later than 30 days before the expiration of the maximum possible period of detention. If this condition is met, the court will extend the time of detention in the pre-trial detention center for the entire period of familiarization with the case.
For example, the defendant in the case spent 16.5 months in a pre-trial detention center, and the case was handed over to him for review. It took 2 months to study the many volumes. The court will extend the time of detention in the pre-trial detention center on the basis of part 7 of article 109 of the Criminal Procedure Code .
A complete list of products that can be transferred to a pre-trial detention center with comments
Important ! A detailed list of food products permitted to be transferred and purchased by suspects and accused persons held in pre-trial detention centers is regulated by Appendix No. 2 of Order of the Ministry of Justice of October 14, 2005 No. 189 “On approval of the internal regulations of pre-trial detention centers of the penal system.”
A detailed list of permitted food products in the pre-trial detention center of the Russian Federation with amendments and recommendations from people who know about imprisonment first-hand:
- Cigarettes (2-3 blocks). Cigarettes in prison are a kind of currency. Even if the person in the pre-trial detention center does not smoke, it is better to put 1-2 cartons of average-priced cigarettes in the transfer.
- Black tea (200-500 g). Only loose leaf tea is allowed; this is a very popular product among prisoners. It’s better to pour two bags or bags: one worse one for the common fund, the other better one for yourself.
- Sugar (1-3 kg). It is allowed to transfer both sand and refined sugar, but they can find fault with the quantity. It's a good idea to replace some of the sugar with honey.
- Instant coffee (100-250 g). Coffee is often confiscated during delivery, but you can still try it by pouring it into a transparent bag.
- Matches (5-10 boxes).
- Salt (250 gr). Salt containing iodine is recommended. Place the salt in a transparent bag.
- Bread, buns, pastries (unlimited). Only products with a shelf life of more than 72 hours are allowed.
- Sausage (400-600 gr). It is allowed to transfer only smoked sausage, preferably raw smoked sausage.
- Lard, lard (300 g). It is advisable to buy lard in transparent store packaging.
- Condensed milk (1-3 packs). Delivered in soft packaging.
- Butter (200-250 g). It is better to buy ghee, it stores better.
- Cheese (250-400 gr). Only hard cheeses are recommended, sliced.
- Smoked fish (200 gr). Allowed only in the cold season (November - March).
- Tomato sauce or ketchup (500-1000 ml). Allowed only in soft doypack packaging.
- Non-ferrous noodles (10-20 pcs). Only noodles that do not require cooking are allowed for transfer.
- Vegetable oil (500-2000 ml) and bouillon cubes (100 g). It is in great demand among house sitters, as it is added to almost all dishes to improve taste.
- Mustard, horseradish (100 g). Only in soft packaging.
- Mayonnaise (0.5-1 kg). Allowed only in soft and small packaging.
- Non-ferrous mashed potatoes (200-400 g). Only puree that does not require cooking.
- Cookies (300-500 g). Be sure to add it, it’s very popular with tea.
- Crackers (300-400 g). Can be replaced with biscuits.
- Gingerbread cookies (500 gr). There is also no point in regretting it, since it will sell out quickly.
- Waffles (300-400 g). It is recommended to put it in a transparent bag.
- Crispbread (100-200 g).
- Drying, bagels (300-600 g). It is better to pack in a transparent plastic bag.
- Rusks, croutons (100-500 g).
- Chocolate (2-3 bars). Any type of chocolate is allowed.
- Marmalade (250-300 g).
- Marshmallow or marshmallow (300 g).
- Waffle cake (1 piece).
- Sweets (500-1000 g). Caramel, toffee, and chocolate candies are allowed. But it is best to send the caramel and, if possible, without wrappers. The simplest caramel or lollipops are ideal.
- Kozinak, halva (200-300 gr).
- Honey (100-300 g). Only clear honey is allowed. We love it very much among prisoners and, moreover, it can be stored for a long time.
- Nuts (200-600 g). Nuts can be of any kind.
- Dried fruits (200-600 g).
All types of seedless dried fruits are allowed. Dried fruits are an ideal replacement for perishable apples and pears. The weight is minimal, and the volume is significant, and the benefits and taste are preserved. - Apples (2-3 kg). Preferably green.
- Pears (1000 gr). It is recommended to transfer only firm pears.
- Grapefruit (1000 g).
- Lemon (500 gr).
- Oranges (1000 gr).
- Pomelo (1 kg).
- Lime (100-300 g).
- Tangerines (1-2 kg).
- Bananas (1 bunch).
- Persimmon (1000 gr).
- Kiwi (0.5-1 kg). Highly recommended as a rich source of vitamin C.
- Tomatoes (1 kg).
- Cucumbers (1 kg).
- Garlic (250 gr). Onions and garlic must be included in the transfer, because... they can significantly improve the taste of any dish.
- Onions (1000 g).
- Carrots (1000 gr). Carrots must be washed thoroughly.
- Radish (500 gr).
- Beets (1000 gr). It is recommended to wash well.
- Chili pepper (100-250 gr).
- Green radish (1-2 pieces). Be sure to wash thoroughly.
- Bell pepper (3 pcs).
- Celery root (1 root).
- Ginger (100 gr).
The list of food products allowed to be given to prisoners is quite extensive, but there are also restrictions.
Lack of communication affects the mental balance of any person, and even more so of a prisoner. The only outlet is maintaining paper correspondence. Read our material about whether it is possible to write letters to prisoners and how to do it correctly, including through Zonatelecom.
Forbidden
The following types of food are prohibited:
- products requiring storage temperatures below +8 degrees, for example, boiled sausage and ham, dairy products, boiled meat and fish, perishable foods prepared at home;
- food products that require heat treatment, for example, raw meat and fish, cereals (Appendix No. 2 of the Order of the Ministry of Justice of the Russian Federation of October 14, 2005 No. 189);
- alcohol in any form;
- drugs and any prohibited substances.
Medicines can be transferred strictly to those prescribed by the medical worker of the pre-trial detention center; trying to transfer other drugs is simply useless.
Attention ! Persons who have attempted to transfer prohibited substances and items may be brought to administrative liability under Article 19.12 of the Code of Administrative Offenses of the Russian Federation and to criminal liability under Article 228 of the Criminal Code of the Russian Federation.
Reasons for return
Inmate transfers may be returned back to sender for certain reasons . Here is a complete list of such reasons (clause 70 of the Internal Regulations of pre-trial detention centers of the penal system, approved by Order of the Ministry of Justice of the Russian Federation of October 14, 2005 No. 189):
- release from custody of the prisoner to whom the transfer is being made;
- if the maximum permissible weight of gears per month is exceeded;
- if the prisoner has been transferred to other correctional institutions;
- incorrectly filling out an application for the transfer of products and things;
- the transferor does not have a passport or identification document;
- if the addressee is temporarily away on the initiative of the investigative authorities;
- death of a prisoner;
- if the prisoner refused to accept the transfer in writing.
How to correctly calculate the period of stay?
The defendants in the case are spared the need to independently calculate the length of their stay in a pre-trial detention center. The court does this for them.
The court order, in accordance with which a person is placed in a pre-trial detention center, must indicate the period of validity of the preventive measure in days or months, as well as the exact end date of this time period. The time spent in custody expires on the last day of the term appointed by the court.
For example, by court decision a person was taken into custody for 2 months on March 1. This means that on May 1 at 24:00 the citizen’s time in the detention center will expire.
The period under review includes the time spent under house arrest, the time of detention as a suspect, and so on.
It should be remembered that the deadlines listed in paragraph 1 of this material refer to the time before the prosecutor transfers the case to court . After this, Article 255 of the Criminal Procedure Code comes into force.
If the accused is already in custody, then the judge will probably not change the measure of restraint. In this case, the risk of the defendant not appearing at the hearing completely disappears. The accused can stay in a pre-trial detention center for up to six months. And for serious and especially serious crimes, the period can be extended for another three months.
In the verdict, the court must indicate the preventive measure, if it considers it appropriate to establish it, for the period the decision enters into legal force.
If the verdict was appealed, it did not enter into legal force . The accused will remain in pre-trial detention until a final verdict is rendered or until the preventive measure is changed.
As you can see, the period of detention in a pre-trial detention center is divided into three periods: before the trial, during the trial, and until the day the verdict comes into force.
If the verdict is guilty, only those days that the citizen spent in custody before the start of the trial will be counted. Part 3 of Article 72 of the Criminal Code clearly states : all days spent in the detention center after the start of the proceedings are not taken into account in any way.
The draft law on introducing completely logical amendments to this article, providing for the recording of absolutely all days that a citizen spent in a pre-trial detention center, has been considered in the State Duma since 2008.
System for counting days in a pre-trial detention center when assigning punishment
The legislation has an extensive range of punishments for persons who have committed a crime. In accordance with Article 72 of the Criminal Code, days spent in a pre-trial detention center are counted:
- One to one in terms of imprisonment, arrest, forced labor and detention in a disciplinary military unit;
- One day in a pre-trial detention center for two restrictions on freedom;
- One to three days of correctional labor and restrictions on military service ;
- One day to eight hours of compulsory work.
This is not the first year that there has been a discussion about the fairness of the system presented in the criminal law. It is not without reason that it is believed that detention in a pre-trial detention center involves consequences that are more negative than imprisonment in a regular colony. In a pre-trial detention center, a person spends a lot of time in a closed room , often overcrowded, and does not have the opportunity to work. The State Duma is considering the possibility of counting one day in a pre-trial detention center as the equivalent of one and a half days spent in a general regime colony and two days in a settlement colony.
In the summer of 2015, consideration of such changes was frozen for unknown reasons.
Journalists attribute the delay to the amnesty in connection with the 70th anniversary of the victory: if those who are released due to the recalculation of the terms of detention in pre-trial detention centers are added to those amnestied, then hundreds of thousands of people will be released from prison. Perhaps in 2016, the interest of parliamentarians in this problem will increase again, and the law will still be adopted.
Does detention count towards the term of imprisonment?
Detention is, in essence, a preventive measure, an “insurance” for the investigation—a citizen’s freedom is limited, although he has not yet been officially found guilty. Therefore, the state rightly provided a system for counting the terms of detention against the term of the sentence imposed.
According to Article 72 of the Criminal Code of the Russian Federation, a day spent in a pre-trial detention center is equivalent to:
- 1 day of imprisonment, arrest, forced labor;
- 2 days of restriction of freedom;
- 3 days of correctional labor or restrictions on military service;
- 8 hours of compulsory work.
It is interesting that if a person was placed in custody, released, and then again placed in custody for the same case, the time spent in the pre-trial detention center for the second time includes the time previously spent there for the first arrest.
How is the period of maintenance calculated?
The time spent by the accused in the pre-trial detention center is read directly into the guilty verdict .
In the operative part of this document, the judge must indicate not only the amount of the punishment, but also its final measure, taking into account the number of days already spent in places of deprivation of liberty.
Unfortunately, a clear time frame for keeping a person in a pre-trial detention center is not defined by law. Many cases go through appeals, stages of additional investigation, and the accused continues to be in custody all this time. We can only hope that the Russian parliament will soon consider amendments to criminal legislation, and this problem will be solved.
Drawing up an application
An application for transfer for persons detained in a pre-trial detention center can be written in the transfer room or prepared in advance. A sample application is posted in the reception room of the pre-trial detention center ; the application form can be obtained there, or can be downloaded in advance on the Internet.
The application is written addressed to the head of the pre-trial detention center and must contain the following information:
- Full name of the transferring person, his residence address, passport details and degree of relationship or relationship with the prisoner;
- Full name of the recipient to whom the transfer is intended;
- it is necessary to indicate a list of transferred items;
- The weight and quantity of products is recorded by an employee of the institution after recalculation and weighing.
The application is signed by a relative on one side and a responsible employee on the other . The employee’s signature confirms acceptance of all items on the list.
Attention ! The application is drawn up in two copies, one of which is given to the prisoner so that he can verify the safety and completeness of the contents of the transfer.
