DETENTION
- A term that in the domestic criminal procedure
legislation shall be interpreted unambiguously. On the one hand, by Z. understand the measure of procedural coercion applied by the body of inquiry, investigator or prosecutor for a period not exceeding 48 hours from the moment of the actual Z. person on suspicion of committing a crime; -protsessualnoe other side effects.
Accepted provide two kinds of Z. person suspected of committing a crime. Z. can be actual and criminal procedure.
Actual Z. person suspected of committing a crime is an urgent investigative actions, which purpose - to capture the person, depriving it of thus the possibility of escape or impede the investigation in establishing the truth in the case.
C is admissible only in respect of persons suspected of committing crimes for
which, in accordance with the provisions of the Special Part of the Criminal Code may be sentenced to imprisonment. The decision to hold Z. person taking the body of inquiry, investigator, investigator or prosecutor. However, in actual Z. person as such they do not participate. Their role is basically boils down to the west to give the necessary procedural form, to instruct participants in the group Z.
Suitable bases Z. suspect Code of Criminal Procedure refers to the circumstances:
1) if the person is caught committing a crime or immediately after its commission;
2) when victims or witnesses point out the person as having committed a crime;
3) when that person or his clothes, with him or in his home will be found clear traces of the crime. If there are other data giving grounds to suspect a person of committing a crime, it may be delayed if the person is trying to hide, has no permanent place of residence, is not established his identity, if the prosecutor and the investigator or inquirer with the consent of
the prosecutor in the court directed the motion for the election of the said person in respect of a preventive measure in the form of detention.
The list of grounds west face of the suspect, in the Criminal Procedure Code is exhaustive and is not subject to broad interpretation. Implementation of C on other grounds is illegal.
They can not be arrested:
1) The President of the Russian Federation;
2) the head of the mission or a member of a diplomatic mission;
3) consular officers, except in cases of prosecution for committing a serious crime;
4) a member of the Federation Council, State Duma deputy, a judge of the Federal Court, the magistrate, the prosecutor, the Chairman of the Accounts Chamber of the Russian Federation, his deputy and the auditor of the Russian Audit Chamber, the Human Rights Commissioner in the Russian Federation, the President of the Russian Federation ceased to carry out their powers. If they were detained after their identification, they should be released immediately. The exception is the west of these persons at the crime scene.
If the actual C was applied in
for persons who have diplomatic immunity or other, then Z. lasts until the establishment of their identity: the presentation of diplomatic, consular cards and other documents that these persons have some kind of immunity.
After a suspect is brought to the inquest body, the investigator or the prosecutor in a period not exceeding 3 hours, it must be drawn up C, in which a note that the suspect explained the rights,
provided by the Code.
The minutes shall indicate the date and time of the protocol, date, time, place and reason to suspect the motives of C, the results of his personal search and other circumstances of the Z. Z. Protocol signed by the person, its composition, and the suspect.
Since Z. suspects and accused persons are granted meetings with counsel in private. The number and duration of visits is not limited. Provided to lawyers involved in the case as defense counsel, upon presentation of their orders for legal advice; with a representative of a trade union or other public organization, which is
defense and on presentation of the relevant protocol; with any other person involved in the case as defense counsel, upon presentation of a court ruling or a decision of the judge, as well as a document proving his identity.
On the product Z. inquiry body, the investigator or the investigator must inform the prosecutor in writing within 12 hours from the west of the suspect.
Investigator or prosecutor within 12 hours from the moment the suspect Z. notify someone of close relatives, and in their absence - other relatives or offer the possibility of such notification to the suspect.
Z. When the suspect, who is the military, shall be notified of the command of the military. If the suspect is a citizen or a citizen of another state, within the period specified in the Code, shall be notified to the embassy or consulate of that State.
When the need to preserve the benefit of a preliminary investigation in secret fact Z. notice a prosecutor can not be made, except in cases when the suspect is a minor.
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