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Advocate's advice on dealing with cops

Rights in dealing with law enforcement. 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 not lucky with your appearance or accidentally found yourself near the place of unrest - let's go, citizen. To prevent communication with the police abruptly change your life, read the practical advice of a professional lawyer.

Advises lawyer Alexander Simanchev

- A person is stopped on the street, they say “come on”, put in a car and taken away. What rights does he have?

- Well, let's start with the fact that this should not be, and does not happen. The police officers are obliged to introduce themselves, say: "Hello, Sergeant so-and-so. Please show your documents." Try to remember the name of the sergeant. But in principle, if a person shows a passport in which there are no obvious erasures or some kind of crookedly stuck photo with diverging edges, then there is no reason for detention. Except when a person looks like someone wanted.

- So, the person was not lucky with his face, he turned out to be like a criminal. What to do when you have already brought to the police?

- It is sad, but I would not recommend downloading rights and showing my legal literacy. You can pay for it with health. They can hit, they will do some other unpleasant things, for which there are experts too - as they say, who studied what. But you can still protect yourself from illegal police actions.

Typically, the detention procedure involves the so-called "personal search", as the police like to call it. Given that we now have very strict laws regarding drugs, then any other person’s getting in your pocket may mean that you are accused of possession of drugs. Therefore, the recommendation is very simple. If you begin to search, it is advisable to turn out the pockets yourself. Otherwise, a small bag, sandwiched between the fingers of the operative, and thus thrown into your pocket, can have very serious consequences.

- So, during the "personal search" the protocol is still drawn up. And witnesses should be?

- Of course. And police officers cannot act as witnesses. Well, they brought you to the department, put you in the office. Well, a bad policeman reached into your pocket. Well, I got out anasha or a pistol cartridge. A cartridge is already considered a storage 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 am not conducting criminal cases now, this was the case. The guy "found" in a backpack an object that they called a "telescopic baton." But this happened without witnesses. And what? The operatives had to put this item back in his backpack and call witnesses. While witnesses appeared, some time passed. And during the search, witnesses look in a backpack - but there is no baton there! Can you imagine? That is one of the possible explanations that a man went to the toilet with his backpack, took and put out this club from there. 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 bunch of employees will come, life will boil, boil, and that's it. In general, they began to threaten the guy. And he decided that nevertheless it would be easier for him to make sure that the witnesses found a baton in a backpack. But in any case, it was a very serious puncture on the part of the operatives. Even if these witnesses are Tajiks from a neighboring construction site, on which the police have some leverage.

Nevertheless, when they are summoned to court, and the lawyer begins to ask, it turns out that the search was carried out two times - first they released the witnesses, and then returned. The first time you saw anything? And let them say that they saw the club for the first time. Why then return witnesses and conduct a second search? All the same, a situation arises when a person is lying, and this is noticeable. Yes, judges are different, but I have not seen stupid judges.

- During the search, the interrogation begins, which is also not the most pleasant procedure? What can be done so that you do not get a confession?

- This, of course, largely depends on your endurance, and on your health. If you are forced to write a confession - 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 accomplices you can indicate your friend, who had already left for America for two years and could not be present this night in the dark alley.

Sincere recognition of those and good that you write it yourself. In addition, the investigators cannot immediately verify these facts, and time works against them.

Second tip - be sure to read all the protocols. It needs to be cut off once and for all. You can add clarifications in the protocol and record your desire to have a defense attorney. Because if a protocol is signed, it is usually a detention protocol, and from the moment of detention you have the right to a lawyer.

And such a moment is also very important. For example, you came to the police in gold jewelry, with Russian, American, European money, but leave without everything. In the detention protocol, it is desirable to clearly list those things that are with you. If possible, describe them in as much detail as possible so that you can identify them among other things afterwards. That is, not just a yellow metal ring, but a ring with such a pebble, the location 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 don’t laugh, please - you must write down the numbers of notes in the protocol, because then they can easily give you not money, but photocopies of money, fake money. And such cases, unfortunately, have been in practice.

Some personal injuries that you have at the time of compiling the protocol are also desirable in this document. Moreover, it is desirable to indicate as indicated by the medical examination - location, type, color, location, nature of the damage. Only after all this is indicated in the protocol can you sign.

Because the judge, who will decide on the issuance of the sanction for your arrest, will read this protocol very carefully. And, most importantly, remember that the investigators simply do not have time to redo the protocol five times. Therefore, they are likely to eventually agree with your requirements.

Or take the extreme case when a sick person is delayed - either chronic diseases or acute ones. When compiling the protocol, you must immediately declare this, and the diseases should also be listed in this document.

If you are taken to a pre-trial detention center after interrogation, the pre-trial detention center officer will not hide or hush up these facts out of solidarity with the operatives, or the patrol service. Because the officer on duty will not want to take responsibility if you, under the influence of stress, open an old stomach ulcer, or have a heart attack.

If you are a sick person, then your health and physical integrity in the pre-trial detention center will be guarded with impossible force. In principle, an ambulance always leaves if serious health complaints are received from a person. The ambulance will come to the police station, if necessary.

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

- Yes, it happens that when a person is detained, he does not show resistance, and they begin to use some harsh force methods. It is a crime. But to prove this, witnesses are needed. If you were detained with friends, then they can be witnesses. If you were detained with strangers who just happened to be here, it is advisable to immediately exchange some phones, addresses and so on. Because if you don’t immediately collect the coordinates, then after finding these witnesses it will be possible only with the help of television.

As I said earlier, all injuries can be reflected in the detention protocol. And immediately, once released, you must contact the emergency room. And there to document bodily injuries. And still need to go through a forensic examination. It costs money, but it is reasonable money. It is about hundreds of rubles.

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

- In general, they have the right to hold 3 hours until an identity is ascertained if there is no passport. All information about us is recorded in police databases. You name and address, and investigators verify the information received. This takes 3 hours.

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

- According to our laws, a lawyer can be requested immediately, from the moment of detention. If you don’t have your own lawyer, then they should give you it for free. A lawyer should always be required. Even those lawyers who, by the will of fate themselves turned out to be detained or arrested, never defended themselves, but turned to another lawyer for help.

Therefore, if my first advice was about the search, the second in health, and the third - from the moment of detention, ask for a lawyer.

Addition from friends of the site :

If in the department they beat to the blood, but their hands are not chained behind their backs, the topic! - on the hand - (finger, palm) a little blood, and then smear under the table top or seat of the chair, after that you can sign everything, but try to remember the cabinet number. Useful when you begin to write a complaint to the prosecutor! (through a lawyer !!!) verified.