Administrative detention: grounds, protocol, term
Detention is a deprivation of liberty for a short time. It is not a consequence of the use of punishment or punishment. In established two types of detention: administrative and criminal procedure.
Delivery and administrative detention have a number of features. These measures are not used in relation to persons who have committed acts qualified under the Criminal Code of the Russian Federation. For such crimes there are various sanctions, including imprisonment. The detention of an administrative offense is carried out in accordance with the norms of the Administrative Code. If measures to restrict liberty are aimed at a suspect in a crime, the provisions of the CPC are used. At the same time, the citizen should be interrogated within 24 hours, and report the fact to the prosecutor. The procedure for administrative detention does not provide for such actions. However, an explanation is taken from the citizen.
Administrative Detention: Regulatory Specifics
This measure directly concerns the dignity and honor of a citizen and has a fairly strong mental influence on him. The rules governing administrative detention, the grounds, the order of application, are aimed at protecting the individual from the arbitrariness of officials on the one hand. On the other hand, their goal is to ensure security and order in society. In this regard, there is a need for a clear legal regulation of this procedure. However, in the current legislation there is no single norm regulating administrative detention, the grounds, application procedure, list of authorized employees and other essential aspects of the issue under consideration.
Administrative detention helps to prevent unlawful acts. This measure, in addition, allows to clarify or identify the circumstances of the offense in an appropriate setting, to establish the identity of the citizen. A process of administrative detention is always drawn up in the process. In accordance with the information that is entered into it,the issue of follow-up with respect to the subject will be decided. It can be measures of public influence or state coercion.
Administrative detention is not carried out against foreigners who enjoy diplomatic immunity. Also, this measure is usually not applied to military personnel. As a basis for administrative detention, however, they may be committed a serious misdemeanor in a public place if there is no military commander's office nearby. In this case, the police are required to immediately report the incident to the commandant or commander. Special rules also apply to deputies of the Federation Council and the State Duma. In particular, the Federal Law, which regulates the status of these persons, contains a prescription that they cannot be arrested, searched or detained without the consent of the relevant chamber. The exception is when a deputy is caught in a crime scene. No administrative detention is allowed against judges. The Federal Law on the status of these persons states that they cannot be restricted in freedom, they cannot be forcibly brought to the police station. Detention, personal search, the drive is not allowed in relation to the investigator and the prosecutor.The exceptions are cases established by federal law in which such measures ensure security in society and the state. Detention of the investigator or prosecutor is also allowed to prevent the crimes committed by them.
In law, administrative detention can be used in two ways. The preventive measure is aimed at preventing the commission of new illegal acts. It can be used in connection with administrative offense, as well as a crime. A preventive measure is also used for disabled persons. Examples of such detention may include:
- The room in the sobering station.
- Emergency hospitalization of a citizen who needs psychiatric care.
- The premises in the center for the temporary isolation of minors (CVIN) of persons who were sent to special educational and educational closed institutions, voluntarily left such institutions, and also await a decision to be sent to them. The general term of administrative detention in the latter case is 30 days.In exceptional cases, it is allowed to extend it to 45. In the Federal Law regulating the implementation of preventive measures to reduce homelessness and prevent juvenile delinquency, it also establishes other cases of placement in CVIN.
- Detention of citizens who have committed unlawful acts on ships that are sailing. In Art. 67 of the Merchant Shipping Code, it is established that the captain of the ship is entitled to isolate a person whose behavior does not contain evidence of a crime, but creates a danger to the safety of property and people.
- Detention of persons violating the curfew.
Despite the difference in names, all these measures are considered to be actually preventive. Administrative detention in such cases involves imprisonment for a while by being placed in a specialized institution.
Isolation in the sobering station
In the legislation there are rules prohibiting to be in a public place in a strong intoxication. The term of administrative detention in such cases is established by order of the Ministry of Internal Affairs. Such intoxication is recognized as strong, in which a citizen is a danger primarily to himself.That is, he cannot offer resistance if he commits a criminal offense against him. Also in this state, it represents a threat to others. For example, he can commit a crime. This condition characterizes moderate or severe intoxication.
When a person whose age is less than 18 years old is detained, he is delivered to the address of residence. In case of severe intoxication, they are placed in a hospital. It should be noted that delivery to the sobering-up station is allowed in exceptional cases. For example, when it is impossible, due to the state, to identify the person, his place of residence, to transfer the detainees to parents or representatives of specialized educational institutions.
When the detainees are taken to the sobering-up station, they are immediately examined by health workers. Doctors also decide on the need for therapeutic and preventive measures and sanitation. The term of administrative detention when placed in the center of recovery will depend on the state of the citizen.However, it should not be more than a day. A fee is charged for staying at this facility. Its value is established by orders of the heads of administrations, regional authorities. Usually it is not more than 1 minimum wage.
This type of administrative detention is aimed at preventing the negative consequences and evasion of the guilty person from prosecution. Its use is governed by the provisions of the Administrative Code. A procedural measure is applied if there is a common ground, as well as if one of the conditions defined in the legislation is present. They can be:
- There are serious reasons to believe that illegal actions by a person will continue actively, that he may harm public interests, himself or other citizens.
- The absence of the official's ability to issue a protocol on administrative detention directly at the scene of the misdemeanor. For example, if the identity of a citizen is not established, it became necessary to conduct a medical examination, the person refuses to pay a fine or sign in any document, there are no witnesses who know something about the subject, and so on.
A procedural measure can be applied, as opposed to a preventive one, even in the absence of a direct threat of committing repeated offenses.
Depending on the reasons and terms, procedural detention can be carried out according to a general or special rule. The latter takes place only when a person commits a misdemeanor that is expressly stated in the legislation. In other cases, the general term of administrative detention may not exceed three hours. At the request of a citizen, his relatives are notified of the fact.
Procedural and preventive detention differ in:
- Regulatory basis.
- Legal implications.
- The actual reasons.
- A circle of subjects.
It must be said that for all cases of use of the measures considered, Art. 22, part 2 of the Constitution. It states that a person may not be detained for more than 48 hours without a relevant court decision.