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Advocate's advice how to deal with cops




Rights in communication with law enforcement agencies. Download ( prava.rar - 166 KB)


If a person has never violated or committed anything in his life, the more difficult it is for him to communicate with the police, who for some reason stopped him on the street. You are unlucky with appearance or accidentally found yourself near a place of unrest - let's go, citizen. To communicate with the police has not changed your life, read the practical advice of a professional lawyer.

Advice is given by lawyer Alexander Simanchev

- A person is stopped in the street, they say "go through", put in a car and take away. What kind of rights does he have?

- Well, let's start with the fact that it should not be so, and it does not happen. Police officers are obliged to introduce themselves, say: "Hello, sergeant such and such. Show me, please, your documents." Surname of the sergeant try to remember. But in principle, if a person shows a passport in which there are no explicit erasures or some crookedly photographed photograph with mismatched edges, then there are no grounds for detention. Except for the case when a person looks like someone who is wanted.

- So, the person was unlucky with a face, he turned out to be like a criminal. What to do when they have already been brought to the police?

- It's sad, but I would not recommend downloading rights and showing your legal literacy. You can pay for it with health. They can hit, they will do some other unpleasant things, which there are specialists too - as they say, who learned what. But you can still protect yourself from unlawful actions by the police.

Usually the procedure of detention involves a so-called "personal search", as the police like to call it. Given that we now have very strict laws on drugs, any hit of someone else's hand in your pocket can mean that you will be accused of possession of drugs. Therefore, the recommendation is very simple. If they start to search, it is advisable to turn out the pockets. Otherwise, a small bag sandwiched between the operative's fingers, and thus pushed into your pocket, can have very serious consequences.

- So, during the "personal inspection" protocol still make up. And the witnesses should be?

- Of course. And in the role of witnesses, police officers can not act. Well, they brought you to the department and put them in the office. Well, the bad policeman climbed into your pocket. Well, I got out a box of anasha or a pistol cartridge from there. A cartridge is already considered the possession of weapons. What's the difference! This is not proof if the search was conducted without witnesses. And what will the policeman do next? Does he need to put this box back in your pocket?

In my practice, although I do not conduct criminal cases right now, this was the case. The guy "found" in the rucksack an object, which they called a "telescoping baton." But it happened without witnesses. And what? The operatives had to put this object back to him in a backpack and call witnesses. While the witnesses appeared, some time passed. And here during the search, the witnesses look into the backpack - and there is no truncheon there! Can you imagine? That is one of the possible explanations that a man went to the toilet with his backpack, took and laid out this truncheon. The police thought. And time is already running out. The guy was kept all night. It is now about eight in the morning. An hour later a lot of employees will come, life will boil, zaburlit, and all. In general, they began to threaten the guy. And he decided that after all it was easier for him to make sure that the understood baton in the backpack was found. But in any case it was a very serious puncture by the operatives. Let even these witnesses - Tajiks from the neighboring construction site, where the police have some leverage.

Nevertheless, when they are summoned to court, and the lawyer starts asking, it turns out that the search was carried out twice - first the witnesses were released and then returned. Did you see anything for the first time? And let them say that they saw the club for the first time. Why then return the witnesses and second search? There is still a situation where a person is lying, and this is noticeable. Yes, the judges are different, but I have not seen stupid judges.

- Does the interview begin an interrogation, which is also not the most pleasant procedure? What can you do to prevent recognition from getting out of you?

- This, of course, depends largely on your self-control, and on your health. If forced to write confessions - sometimes it is more profitable to write, because health is more expensive. But write smartly, so that later you can easily and convincingly prove that this confession has been knocked out of you. For example, among the accomplices, you can indicate your friend who has already left for two years as America and could not have been present that night in a dark alley.

A sincere recognition of the topics and it's good that you write it yourself. In addition, these facts operatives can not immediately check, and time works against them.

The second advice - all the protocols must be read. It must be healed once and for all. In the protocol it is possible to add clarifications, fix your desire to have an advocate-lawyer. Because if the protocol is signed, then, as a rule, the protocol of detention, and from the moment of detention you have the right to a lawyer.

And this is a very important moment. For example, you came to the police in gold jewelry, with money from Russian, American, European, and leave without anything. In the protocol of detention it is desirable to clearly enumerate those things that are with you. If possible, describe them in as much detail as possible so that they can be identified among other things. That is, not just a ring of yellow metal, but a ring with such a stone, the arrangement of a pebble, a pattern, with such a stigma, a sample is knocked out such and such, and so on.

If you were detained with money - just do not laugh, please - you must always rewrite the number of bills in the protocol, because you can easily be given not money, but photocopies of money, counterfeit money. And such cases, unfortunately, happened in practice.

Bodily injuries of any kind that you have at the time of writing the protocol, also in this document it is desirable to fix. And it is desirable to specify as indicated by the medical examination - location, type, color, location, nature of the damage. Only after all this in the protocol will be indicated, you can sign.

Because the judge who will decide to issue a sanction for your arrest, will read this protocol very carefully. And, most importantly, remember that operatives simply do not have time to rewrite the protocol five times. Therefore, they will most likely eventually agree with your demands.

Or we take an extreme case, when the person of the patient is delayed - either chronic diseases, or acute. When drawing up a protocol, you must immediately declare this, and list the diseases in this document.

If you are taken to the remand center after interrogation, the duty officer of the SIZO will not hide or conceal these facts from solidarity with operatives or patrol and guard service. Because the duty officer does not want to take responsibility if you under the influence of stress will open an old stomach ulcer, or a heart attack will occur.

If you are a sick person, your health and physical integrity in the SIZO will be protected with impossible force. In principle, the "first aid" always leaves, if serious complaints from a person on health arrive. "The ambulance" will come to the police station, if necessary.

- And if, during the detention, the operatives kicked their feet, broke their noses and so on? In this case, the ambulance will arrive?

- Yes, it happens that when a person is detained, they do not resist, and some hard power methods begin to apply to him. It is a crime. But to prove this, we need witnesses. If you are detained with friends, they can be witnesses. If you were detained with people by strangers, just as casually here, then it is desirable to immediately exchange some phones, addresses and so on. Because if you do not immediately collect the coordinates, then after finding these witnesses it will be possible only with the help of television.

As I said before, all the injuries can be reflected in the protocol of detention. And immediately, as they were released, you should go to the emergency room. And there it is documented to fix bodily injuries. And still need to pass a forensic medical examination. It costs money, but it's reasonable money. We are talking about hundreds of rubles.

- And what to do until you are released? For how many days does the police have the right to keep a person, without charge?

- Generally they have the right to hold 3 hours until the identity is clarified, if there is no passport. All information about us is entered in the police databases. You name the name and address, and the operatives check the information received. For this, we need 3 hours.

- That is, a person was detained, he must wait 3 hours and say - either let go, or I ask a lawyer?

- The lawyer, according to our laws, you can demand immediately, from the moment of detention. If you do not have your own lawyer, then you should give it to you for free. A lawyer must always be demanded. Even those lawyers who, by the will of fate, found themselves in the role of detainees or arrested, never defended themselves, but sought the help of another lawyer.

Therefore, if my first advice was on the account of a search, the second one on health, and the third one - from the moment of detention, demand a lawyer.

Addition from friends of the site :

If the department is beaten to the blood, and the hands are not chained behind the back, the theme is - on the hand - (finger, palm) a little blood, and then stroke under the table top or chair seat, after you can sign everything, but try to remember the No. of the cabinet. It will come in handy when you write a complaint to the prosecutor's office! (Through a lawyer !!!) checked.