Detention is unpleasant and, in most cases, unpredictable. As a result, the person is confused, lacking understanding of their rights and what to do.
When detained, a person has the right to know the reasons for the detention, to know what crime they are suspected of committing, to have a lawyer, to refuse to explain anything, to receive medical care, and to inform close relatives, family members, and other persons of their choice about the detention.
A person has the right to be detained only in a few cases:
– during the commission of a crime;
– immediately after the crime was committed, if traces of the crime remained on the clothing or body, or if a witness directly pointed to the person;
– if the case is being handled by NABU and there are reasons to believe that the person will flee (99% NABU thinks so);
– if there is a warrant for detention (obtaining it is also not a problem for the investigation).
The following actions are recommended during detention:
– remain calm and do not give in to provocations;
– do not try to explain something or convince the investigator of an unfortunate mistake, since the decision to detain has already been made, at this stage of the pre-trial investigation it is unlikely that it will be possible to convince the investigator of a mistake, and it is not worth providing the investigator with unnecessary information;
– immediately call a lawyer, clearly inform them: who is detaining you, where it is happening, and give them the investigator's contact information;
– do not offer physical resistance, because, firstly, it is unlikely to succeed, and secondly, when choosing a preventive measure, the prosecutor's office will include this in the risk of escape, obstruction of criminal proceedings; - do not voluntarily provide access to the phone (password or unlock), do not report anything that can be used against you;
– do not report anything over the phone that could later be used against you (as a rule, phones are already tapped during detention);
– after the lawyer arrives, clearly follow his instructions;
– in the detention report, it is mandatory to indicate your disagreement with the detention and the time of detention (the report can be drawn up both at the place of detention and afterwards in the premises of the law enforcement agency);
– obtain a copy of the detention report.
After the arrest, a search usually takes place and a preventive measure is chosen.
A search may be urgent – without a decision of the investigating judge, and on the basis of a decision of the investigating judge.
If the search is carried out on the basis of a warrant, you should pay attention to the following:
Obtain a copy of the search warrant. On the copy that remains with the investigator, note:
– clear time of receipt;
– who issued the warrant and who was granted the right to conduct the search;
– validity period of the resolution;
– is the address correct?
– what exactly are law enforcement officers trying to find;
– declare the involvement of your witnesses (friends, neighbors, security guard), and not those brought by law enforcement officers;
– if there is property that is being searched, voluntarily hand it over (this will minimize damage to property during the search);
– demand clear video recording of everything that happens during the search;
– require the indication of individual characteristics of the items being seized;
– clearly monitor the movements of those who came for the search so that after it is carried out, nothing disappears or, even worse, something appears that you did not have before (weapons, drugs, company seals, flash drives with certain information);
– obtain a copy of the search report.
Choosing a preventive measure.
When choosing a preventive measure, the investigating judge checks a number of circumstances on the basis of which the judge chooses a preventive measure:
– the validity of the suspicion;
– the weight of the evidence of the commission of a crime;
– information about the suspect (age, health status, social connections, employment, family, reputation, etc.).
Based on the above, it is worth preparing the following documents for the court in advance:
– marriage certificate, birth of children; – certificate from the place of work regarding the amount of salary;
– a description of the place of work;
– medical documentation in case of diseases; – honors, awards, thanks;
– pension certificates of parents, if they are dependents;
– statements from guarantors.
Guarantors can be any person who deserves the trust of the court.
In practice, these are mostly people's deputies, volunteers, military personnel, and clergy.
We would like to draw your attention to the fact that it is highly desirable for guarantors not to simply sign “template” statements, but to write them in their own handwriting and on their own behalf.
The ideal option is when the guarantor can not just express his desire to take the person on bail, but also explain to the court the circumstances of the acquaintance, and give a description of the person.
The instructions were prepared by a lawyer. Taras Bezpalyy
