Notification of relatives about the detention of a person. Notification of detention as a social and legal guarantee of protecting the interests of the individual

Article 96. Notification of the detention of a suspect

1. The suspect, as soon as possible, but no later than 3 hours from the moment of his delivery to the body of inquiry or to the investigator, has the right to one telephone conversation in Russian in the presence of the inquiry officer, investigator in order to notify close relatives, relatives or close persons about his detention and location, which is noted in the arrest report. If the suspect waives the right to a telephone conversation or is unable, due to his physical or mental disabilities, to independently exercise this right, such notification is made by the interrogating officer or investigator, which is also noted in the arrest report. The inquiry officer or investigator, no later than 12 hours from the moment of detention of the suspect, also notifies other persons specified in parts two, two.1, two.2 and three of this article about his detention.

2. When a suspect who is a military serviceman is detained, the command of the military unit is notified about this, and in the case of an employee of the internal affairs body, the head of the body in which the specified employee serves is notified.

2.1. When a suspect who is a member of a public monitoring commission formed in accordance with the legislation of the Russian Federation is detained, the secretary of the Public Chamber of the Russian Federation and the corresponding public monitoring commission are notified about this within the period specified in part one of this article.

Information about changes:

Federal Law No. 437-FZ of December 30, 2015 supplemented Article 96 of this Code with Part 2.2

2.2. When a suspect who is a lawyer is detained, the Bar Chamber of the constituent entity of the Russian Federation, of which he is a member, is notified about this within the period specified in part one of this article.

3. If the suspect is a citizen or subject of another state, then the embassy or consulate of that state is notified within the period specified in part one of this article.

4. If it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification based on a reasoned decision of the inquirer or investigator with the consent of the prosecutor may not be made, except in cases where the suspect is a minor.

1. The suspect, as soon as possible, but no later than 3 hours from the moment of his delivery to the body of inquiry or to the investigator, has the right to one telephone conversation in Russian in the presence of the inquiry officer, investigator in order to notify close relatives, relatives or close persons about his detention and location, which is noted in the arrest report. If the suspect waives the right to a telephone conversation or is unable, due to his physical or mental disabilities, to independently exercise this right, such notification is made by the interrogating officer or investigator, which is also noted in the arrest report. The inquiry officer or investigator, no later than 12 hours from the moment of detention of the suspect, also notifies other persons specified in parts two, two.1, two.2 and three of this article about his detention.

2. When a suspect who is a military serviceman is detained, the command of the military unit is notified about this, and in the case of an employee of the internal affairs body, the head of the body in which the specified employee serves is notified.

2.1. When a suspect who is a member of a public monitoring commission formed in accordance with the legislation of the Russian Federation is detained, the secretary of the Public Chamber of the Russian Federation and the corresponding public monitoring commission are notified about this within the period specified in part one of this article.

2.2. When a suspect who is a lawyer is detained, the Bar Chamber of the constituent entity of the Russian Federation, of which he is a member, is notified about this within the period specified in part one of this article.

3. If the suspect is a citizen or subject of another state, then the embassy or consulate of that state is notified within the period specified in part one of this article.

4. If it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification based on a reasoned decision of the inquirer or investigator with the consent of the prosecutor may not be made, except in cases where the suspect is a minor.

Comments to Art. 96 Code of Criminal Procedure of the Russian Federation

1. Under the moment of detention, which is discussed in the commentary. Art., means the moment of actual detention of a person suspected of committing a crime. Notification of detention must take place within 12 hours after the actual detention of a person, and not after drawing up a report of detention.

2. In connection with such a short period of time established by law during which notification must take place, the person who carried out the arrest may carry it out by telephone. However, a telephone message does not relieve the investigator (interrogating officer, etc.) from the obligation to draw up a written notification and send it to the persons indicated in the comment. Art. A copy of such a written notice, which records the date of departure and the originating number, is filed with the criminal case.

3. If the detention was made in a criminal case, the investigation of which is being carried out by an investigative group (group of investigators), then the duty of notification of the detention is assigned to the investigator (head of the investigation group, leader or member of the group of investigators) who made the arrest, or the investigator to whom this procedural proceeding was carried out actions were entrusted to the head of the investigation team.

4. A procedural decision on the need to preserve the secrecy of detention in the interests of the preliminary investigation by not sending notification of the detention that has taken place is formalized by a resolution. On this resolution, the prosecutor puts a mark indicating his agreement with this decision of the investigator (inquiry officer, etc.).

5. If the prosecutor does not consent to the adoption of this decision, he must reflect his decision in writing on the decision of the investigator (inquiry officer, etc.). This resolution must be filed with the materials of the criminal case.

6. Prosecutor's decision on failure to notify those mentioned in the comment. Art. persons is not subject to agreement with anyone.

7. See also commentary to Art. 104 Code of Criminal Procedure.

1. The suspect, as soon as possible, but no later than 3 hours from the moment of his delivery to the body of inquiry or to the investigator, has the right to one telephone conversation in Russian in the presence of the inquiry officer, investigator in order to notify close relatives, relatives or close persons about his detention and location, which is noted in the arrest report. If the suspect waives the right to a telephone conversation or is unable, due to his physical or mental disabilities, to independently exercise this right, such notification is made by the interrogating officer or investigator, which is also noted in the arrest report. The inquiry officer or investigator, no later than 12 hours from the moment of detention of the suspect, also notifies other persons specified in parts two, two.1, two.2 and three of this article about his detention.

(Part 1 as amended by Federal Law dated December 30, 2015 N 437-FZ)

2. When a suspect who is a military serviceman is detained, the command of the military unit is notified about this, and in the case of an employee of the internal affairs body, the head of the body in which the specified employee serves is notified.

(as amended by Federal Law dated July 22, 2010 N 155-FZ)

2.1. When a suspect who is a member of a public monitoring commission formed in accordance with the legislation of the Russian Federation is detained, the secretary of the Public Chamber of the Russian Federation and the corresponding public monitoring commission are notified about this within the period specified in part one of this article.

(Part 2.1 introduced by Federal Law dated July 1, 2010 N 132-FZ)

2.2. When a suspect who is a lawyer is detained, the Bar Chamber of the constituent entity of the Russian Federation, of which he is a member, is notified about this within the period specified in part one of this article.

(Part 2.2 introduced by Federal Law dated December 30, 2015 N 437-FZ)

3. If the suspect is a citizen or subject of another state, then the embassy or consulate of that state is notified within the period specified in part one of this article.

4. If it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification based on a reasoned decision of the inquirer or investigator with the consent of the prosecutor may not be made, except in cases where the suspect is a minor.

1. The inquiry officer or investigator, no later than 12 hours from the moment of detention of the suspect, notifies one of the close relatives, and in their absence, other relatives, or provides the opportunity for such notification to the suspect himself. 2. When a suspect who is a military serviceman is detained, the command of the military unit is notified about this, and in the case of an employee of the internal affairs body, the head of the body in which the specified employee serves is notified. 2.1. When a suspect who is a member of a public monitoring commission formed in accordance with the legislation of the Russian Federation is detained, the secretary of the Public Chamber of the Russian Federation and the corresponding public monitoring commission are notified about this within the period specified in part one of this article. 3. If the suspect is a citizen or subject of another state, then the embassy or consulate of that state is notified within the period specified in part one of this article. 4. If it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification with the consent of the prosecutor may not be made, except in cases where the suspect is a minor.

Legal advice under Art. 96 Code of Criminal Procedure of the Russian Federation

Evgeny Gagin

Am I required to notify me that a criminal case has been initiated against me and within what time frame?

Raisa Panina

If a criminal case has been opened against a person, how should he be notified about this and within what time frame??

• Question answered over the phone

Sergey Kholodenko

hello, we bought a car, the engine number is partially knocked off at MREO, they refused to register it, but the VIN code and body number correspond to the documents, what should I do?

• Question answered over the phone

Mikhail Feklinov

Registration is overdue by 10 days, what are the consequences and what rights does the detainee (already detained) have?

• Lawyer's answer:

  Administrative responsibility: Article 19.15. Residence of a citizen of the Russian Federation without a citizen's identity card (passport) or without registration - Residence at the place of residence or place of stay of a citizen of the Russian Federation who is required to have a citizen's identity card (passport), without a citizen's identity card (passport) or with an invalid citizen's identity card ( passport) or without registration at the place of stay or place of residence - entails the imposition of an administrative fine in the amount of one thousand five hundred to two thousand five hundred rubles. EVERY DETAINED HAS THE RIGHT: - TO KNOW ABOUT THE REASON FOR HIS DETENTION · A police officer is obliged to explain the basis and reason for restricting the rights and freedoms of a citizen · A suspect has the right to know what he is suspected of (Clause 1, Part 4, Article 46 of the Code of Criminal Procedure of the Russian Federation, Article 27.3 of the Code of Administrative Offenses of the Russian Federation Article 28.2 of the Code of Administrative Offenses of the Russian Federation, Part 4 of Article 46 of the Criminal Procedure Code of the Russian Federation, Art. 27.3 of the Code of Administrative Offenses of the Russian Federation); · No later than 12 hours from the moment of detention of the suspect, one of his close relatives is notified, and in their absence, other relatives (Part 1 of Article 96 of the Code of Criminal Procedure of the Russian Federation). If the suspect is a citizen of another state; then the embassy or consulate of this state is notified (part 3 of article 96 of the Code of Criminal Procedure of the Russian Federation); -ON APPEAL OF ILLEGAL ACTIONS OF OFFICIALS · any actions or inactions of officials that violate the rights of citizens can be appealed to higher officials, the prosecutor or to the court (Article 4 of the Law of the Russian Federation “On appealing to the court of actions and decisions that violate the rights and freedoms of citizens "; - FREEDOM FROM TORTURE, CRUEL AND INHUMAN TREATMENT · no one should be subjected to torture or other cruel treatment (Article 21 of the Constitution of the Russian Federation); - TO COMPLIANCE WITH THE TERMS OF DETENTION · in case of administrative detention, the period of detention should not exceed 3 hours (Part 1). Article 27.5 of the Code of Administrative Offenses of the Russian Federation, Article 94 of the Code of Criminal Procedure of the Russian Federation, Article 46 of the Code of Criminal Procedure of the Russian Federation); COPIES OF THE PROTOCOL AT YOUR REQUEST · the detainee is given a copy of the protocol on an administrative offense (Part 6 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation) against receipt, as well as, at his request, a copy of the protocol on administrative detention (Part 2 of Art. 27.4 Code of Administrative Offenses of the Russian Federation); · the suspect has the right to receive a copy of the resolution to initiate a criminal case against him, or a copy of the arrest report, or a copy of the resolution to apply a preventive measure against him (Clause 1, Part 4, Article 46 of the Code of Criminal Procedure of the Russian Federation); - GIVE TESTIMONY AND EXPLANATIONS IN YOUR OWN LANGUAGE, USE THE SERVICES OF AN INTERPRETER · the detainee has the right to give testimony and explanations in his native language, which he speaks, and use the help of an interpreter free of charge (Part. 2 tbsp. 24.2 Code of Administrative Offenses of the Russian Federation, clause 6, clause 7, part 4, art. 46 Code of Criminal Procedure of the Russian Federation);

Daniil Tonkoshkurov

Does a detainee have the right to provide first aid, for example, to ask for a glass of water if he feels unwell? don’t think anything bad, I just experienced it myself, I was detained several times throughout my life, and when for some reason I felt bad, no one there even thought of giving me a glass of water, even though I asked. So I asked this question. and therefore I ask you to answer the question specifically, and not write bullying.

• Lawyer's answer:

  YOUR RIGHTS! ACCORDING TO THE LEGISLATION OF THE RF, EVERY DETAINED HAS THE RIGHT: TO KNOW ABOUT THE REASON FOR HIS DETENTION “A suspect has the right to know what he is suspected of and to receive a copy of the decision to initiate a criminal case against him, or a copy of the arrest report, or a copy of the decision to apply a preventive measure against him” (clause 1, clause 4, article 46 of the Code of Criminal Procedure of the Russian Federation). TO IMMEDIATELY NOTIFY YOUR RELATIVES ABOUT DETENTION “At the request of a detained person, relatives, the administration at his place of work (study), as well as a defense lawyer (Part 3 of Article 27.3 of the Code of Administrative Offenses) are notified as soon as possible about his whereabouts. “The inquirer, investigator or prosecutor... notifies one of the close relatives, and in their absence, other relatives, or provides the opportunity for such notification to the suspect himself” (Part 1 of Article 96 of the Code of Criminal Procedure). FOR THE PARTICIPATION OF A LAWYER FROM THE MOMENT OF DETENTION “Every detainee, taken into custody, accused of committing a crime has the right to have the assistance of a lawyer (defender) from the moment of detention, detention or arraignment, respectively” (Part 2 of Article 48 of the Constitution of the Russian Federation). DO NOT TESTIFY AGAINST YOURSELF AND YOUR RELATIVES “No one is obliged to testify against himself, his spouse and close relatives...” (Part 1 of Article 51 of the Constitution of the Russian Federation). FREEDOM FROM TORTURE “No one shall be subjected to torture or to inhuman or degrading treatment or punishment” (Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms). “The police are prohibited from resorting to torture, violence, or other cruel or degrading treatment” (Part 2 of Article 5 of the Federal Law “On the Police”). TO RECEIVE MEDICAL CARE “Persons detained, taken into custody... have the right to receive medical care... at the expense of budgets of all levels” (Part 1 of Article 29 of the Fundamentals of Legislation on the Protection of Citizens’ Health). TO COMPLY WITH DETENTION TIMES “Arrest, detention and detention are permitted only by court decision. Before a court decision, a person cannot be detained for more than 48 hours” (Clause 2 of Article 22 of the Constitution of the Russian Federation). “The period of administrative detention should not exceed three hours” (clause 1 of article 27.5 of the Administrative Code). “A person against whom proceedings are being conducted for an administrative offense that entails administrative arrest as one of the administrative penalties may be subject to administrative detention for a period of no more than 48 hours” (clause 3 of Article 27.7 of the Administrative Code). KNOW WHAT IS RECORDED IN THE PROTOCOLS AND OTHER CASE MATERIALS. IF YOU DO NOT AGREE, ADD YOUR OBJECTIONS AND CLARIFICATIONS OR REFUSE TO SIGN “... officials are obliged to ensure that everyone has the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms...” (Clause 2 of Article 24 of the CRF). “An individual... must be given the opportunity to familiarize himself with the protocol on an administrative offense. These persons have the right to submit explanations and comments on the contents of the protocol, which are attached to the protocol” (clause 4 of article 28.2 of the Administrative Code). “The suspect has the right ... to get acquainted with the protocol of investigative actions carried out with his participation and to submit comments on them” (clause 8, clause 4, article 46 of the Code of Criminal Procedure). TO APPEAL ANY ACTIONS OF OFFICIALS “A citizen has the right to file a complaint against actions (decisions) that violate his rights and freedoms, either directly to the court, or to a higher ... government body, ... official, civil servant" (Article 4 of the Law of the Russian Federation " On appealing to the court actions and decisions that violate the rights and freedoms of citizens”).

Andrey Biktemirov

What time is considered night? What time can they call or come? so that this is not considered a violation of the night's rest.

• Lawyer's answer:

  In Russia, night time is the time period from 22:00 to 6:00 local time - clause 21, article 5 of the Code of Criminal Procedure of the Russian Federation and art. 96 of the Labor Code of the Russian Federation For Muscovites: - according to the Code of Administrative Offenses of Moscow - night time - from 23 o'clock to 6 o'clock; - according to the law of the Moscow region on the peace of citizens - night time means the period of time from 22.00 to 6.00 hours on weekdays and from 23.00 to 9.00 hours on weekends (Saturday, Sunday).

Inna Panina

Rights during arrest in an operational experiment. What to do when detained in an investigative experiment? ? What rights do you have, how to behave correctly??

• Lawyer's answer:

  So, you were detained. Of course, it is not legal in essence, but for the purpose... You should not offer any resistance - simply ask to know the reason for the arrest (which the police officer is obliged to do in accordance with clause 2, part 4, article 5 of the Federal Law “On the Police”), and also introduce yourself (that is, do what a police officer is obliged to do when addressing a citizen in accordance with clause 1, part 4, article 5). And if they refuse, be sure to indicate this in the protocol with reference to a violation of Part 3 of Art. 14 Federal Law “On Police”. EVERY DETAINED HAS THE RIGHT: - TO KNOW ABOUT THE REASON FOR HIS DETENTION · A police officer is obliged to explain the basis and reason for restricting the rights and freedoms of a citizen (Article 5 of the Law of the Russian Federation “On the Police”); · The suspect has the right to know what he is suspected of (clause 1, part 4, article 46 of the Code of Criminal Procedure of the Russian Federation); - TO CLARIFY YOUR RIGHTS · The detained person is explained his rights and obligations (Part 5, Article 27.3 of the Code of Administrative Offenses of the Russian Federation, Part 1, Article 92 of the Code of Criminal Procedure of the Russian Federation); - TO RECEIVE MEDICAL CARE · The detainee has the right to receive medical care in necessary cases (Part 1 of Article 29 of the Fundamentals of the Legislation of the Russian Federation on the protection of the health of citizens); - TO FAMILIARIZE WITH THE PROTOCOLS. PROVIDE YOUR EXPLANATIONS AND CLARIFICATIONS OR REFUSE TO SIGN · The detainee has the right to familiarize himself with the protocols, provide explanations and comments, or refuse to give explanations and testimony (Part Article 28.2 of the Code of Administrative Offenses of the Russian Federation, Part 4 of Article 46 of the Code of Criminal Procedure of the Russian Federation); - TO NOTIFY RELATIVES ABOUT YOUR LOCATION · At the request of a detainee, relatives, the administration at his place of work (study), as well as a defense lawyer (Part 3 of Article 27.3 of the Code of Administrative Offenses of the Russian Federation) are notified as soon as possible; · No later than 12 hours from the moment of detention of the suspect, one of his close relatives is notified, and in their absence, other relatives (Part 1 of Article 96 of the Code of Criminal Procedure of the Russian Federation). If the suspect is a citizen of another state; then the embassy or consulate of this state is notified (part 3 of article 96 of the Code of Criminal Procedure of the Russian Federation); -ON APPEAL OF ILLEGAL ACTIONS OF OFFICIALS · any actions or inactions of officials that violate the rights of citizens can be appealed to higher officials, the prosecutor or to the court (Article 4 of the Law of the Russian Federation “On appealing to the court of actions and decisions that violate the rights and freedoms of citizens ", Art. 39 of the Law of the Russian Federation "On the Police"); -FREEDOM FROM TORTURE, CRUEL AND INHUMAN TREATMENT · no one should be subjected to torture or other cruel treatment (Article 21 of the Constitution of the Russian Federation); - TO COMPLY WITH THE TERMS OF DETENTION · in case of administrative detention, the period of detention should not exceed 3 hours (part. 1 tbsp. 27.5 of the Code of Administrative Offenses of the Russian Federation), within 48 hours from the moment of detention, the detainee is subject to release, unless there was a preventive measure in the form of detention, or the court did not extend the period of detention (Part 1 of Article 94 of the Code of Criminal Procedure of the Russian Federation); - FOR THE PARTICIPATION OF A DEFENDER FROM THE MOMENT OF DETENTION · every detainee has the right to use the assistance of a lawyer (defender) from the moment of detention (part 2 of article 48 of the Constitution of the Russian Federation, paragraph 3 of part 4, article 46 of the Code of Criminal Procedure of the Russian Federation); - DO NOT GIVE EVIDENCE AGAINST YOURSELF AND YOUR RELATIVES · against yourself, your companion, close relatives (Part 1 of Article 51 of the Constitution of the Russian Federation); - TO RECEIVE A COPY OF THE PROTOCOL AT YOUR REQUEST

Igor Buzovlev

When detained or arrested in the Russian Federation, does a person have the right to make a call? Or can he be quietly sent to a temporary detention center, to a pre-trial detention center, and without even notifying his relatives?

• Lawyer's answer:

  As a general rule, the investigation is obliged to notify the suspect of his arrest. Code of Criminal Procedure of the Russian Federation Article 96. 1. The interrogating officer, the investigator, no later than 12 hours from the moment of detention of the suspect, notifies one of the close relatives, and in their absence, other relatives, or provides the opportunity for such notification to the suspect himself. However, clause 4 of Art. 96 of the Code of Criminal Procedure of the Russian Federation If it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification with the consent of the prosecutor may not be made, except in cases where the suspect is a minor. © ConsultantPlus, 1992-2013 When choosing a preventive measure of arrest, this duty of the investigation to notify is provided for in Part 12 of Art. 108 Code of Criminal Procedure of the Russian Federation.

Daniil Lenkov

Call from the police??? Is it possible to notify relatives or friends about this when detained or arrested? How does this happen in America??? Please provide a link to the law if you know. Thank you

• Lawyer's answer:

  In accordance with Part 1 of Art. 96 of the Criminal Procedure Code, the inquirer or investigator, no later than 12 hours from the moment of detention of the suspect, notifies one of the close relatives, and in their absence - other relatives, or provides the opportunity for such notification to the suspect himself. But according to Part 3 of Art. 27.3 of the Code of Administrative Offenses, at the request of a detained person, relatives, the administration at the place of his work (study), as well as a defense lawyer are notified as soon as possible about his whereabouts. There are no administrative deadlines in the Code - so the cops will try in the administrative case, and then in the criminal case - in order to delay the deadline... If you still have bad luck, you need to look for ways to consolidate as evidence the refusal to communicate with your relatives, and then all the evidence obtained during this period can be "scraped".... Well, like if they give you something sign (protocol, explanations, etc. - write directly on it - “I ask for the opportunity to notify relatives”... Of course they will beat you, but the bruises go away, and until they don’t go away they are proof....

Ivan Medyanik

When does “night time” legally begin???

• Lawyer's answer:

  Night time is the time period from 22:00 to 6:00 local time. This is stated in paragraph 21 of Art. 5 Code of Criminal Procedure of the Russian Federation, Art. 96 Labor Code of the Russian Federation. The Code of Administrative Offenses of the Russian Federation does not contain a definition of the period of time that relates to night time, but the laws of the constituent entities of the Russian Federation on administrative responsibility establish the concept of night time (responsibility for the so-called violation of silence). For Moscow, for example, this is the period from 23:00 to 7:00.

Artem Levchakov

The guy was called in the evening at 21.00 to the district police station, but his parents were not informed at all. They were beaten by four big guys with batons, as required. The guy was called in the evening at 21.00 to the district department, his parents were not informed at all. They beat four hefty guys with batons, demanded that he sign a confession of theft, threatened that he would kill him on the spot.... He signed everything that they said - now they opened a case (allegedly 4 months ago he stole his 86-year-old grandfather has money, and his grandfather was declared insane, he has multiple sclerosis... so the cop who opened the case wants to get guardianship over his grandfather and take over the apartment...) they released him after 2 hours, he barely came home. He has a concussion, The cops tell the parents that the certificate of concussion is a certificate HE FALLED ON THE WAY HOME!!! that they have no evidence that it was the cops who beat him! They are putting pressure on the guy because his parents filed an application with the prosecutor’s office, they come to the hospital and intimidate him. WHAT TO DO? ??HELP WITH ADVICE!!!WHERE TO GO???They live in a provincial town where everyone is afraid to open their mouth, even the forensic expert did not want to write a report!!!UKRAINE SUMY REGION LEBEDIN

• Send me the coordinates of these garbage (e-mail, phone, postal address, etc.). They live by the principle: “we are not afraid of seven of one”!

Evgeniy Slobodnyuk

How to correctly write a resolution to initiate a criminal case in the event of a confession? There is no need to copy the articles of the Code of Criminal Procedure in your response. We were given the task of writing a resolution to initiate a criminal investigation. The man called the district police department, confessing to paragraph a, part 3 of article 131 of the Criminal Code (rape of a minor), he asked to record his statement as a confession and to come to his apartment, where he would tell about everything in detail. The investigator went to the address of the woman who was raped, her parents said that they would not report anywhere and would deal with the man themselves. What should the investigator do? It’s clear that this is a crime of a public nature and parental consent is not required.. but I’m interested in whether the investigator must first write a report on the surrender and refer to it in the resolution to initiate a criminal investigation? I can’t find a sample resolution on the initiation of a criminal investigation, where it was said about confession...

• no way - the person writes a confession - then a check is carried out on this statement of crime in the general manner - you never know what he wrote - and after the fact of committing a crime is established in the general procedure, a criminal case is initiated

Anton Nemakin

where can I find out about the condition of the detainee?

• You should find out where the detainee is located. According to Art. 96 of the Code of Criminal Procedure of Russia, the investigator or interrogating officer is obliged no later than 12 hours from the moment of arrest to notify any of the suspect’s relatives about this or provide an opportunity...

Roman Krivulin

How do I find out why I was taken away? My husband was taken to the Volkhov district police station today, the reason was not explained, they did not give information over the phone, how to find out exactly which department he is in (by full name)

• Lawyer's answer:

  Call the duty officer of the Volkhov district and simply call the telephone number of the DSB - the Department of Internal Security. The duty officer (100%) asks what happened. You answer that then and then unknown persons, with the use of violence, USING THE FORM (or DOCUMENTS) of police officers, kidnapped so and so. I assure you that they will give you the telephone number of the UR or investigation officer who is involved in this case. Call the officer and say that, because you are not sure about the legality of the police’s actions, and the police refuse to tell the truth, you want to contact the DRC. After that everything will be explained to you.

Valentin Dankov

But it became interesting, I’ve been living in Russia for 7 years. It is legal and I have German citizenship. I'm being detained...

• If you have Russian citizenship, then everything is legal. They have to call an interpreter, and that’s it. Yes, they must notify the embassy regardless of whether the detainee made such a demand or not - paragraph 3 of Art. 96 Code of Criminal Procedure of the Russian Federation. Also this...

Yakov Timashev

Detention.. If the cops accepted a person on suspicion of committing a crime. During interrogation he is silent, he doesn’t even say his name. Are they putting him in the bullpen until his identity is revealed? If his identity is not known within a week, what do they do with him?

• During the time allotted by law to clarify his identity, the Ministry of Internal Affairs will find a way to refresh his memory. It all depends on the article he is charged with and who is doing it. It is only in the movies that heroes endure interrogation with passion.

Andrey Bushmanov

Help please. Detained for petty hooliganism, Mr. T., who was 19 years old, asked the police officer on duty to call his parents, who would be worried, about the fact of his detention. The police officer refused to do this because he believed that only the parents of the minor should be informed. Give a legal assessment of this fact

• Lawyer's answer:

  As a general rule, the investigation is obliged to notify the suspect of his arrest. Code of Criminal Procedure of the Russian Federation, Article 96. Notification of the detention of a suspect 1. The interrogating officer, the investigator, no later than 12 hours from the moment of detention of the suspect, notifies one of the close relatives, and in their absence, other relatives, or provides the opportunity for such notification to the suspect himself. however, clause 4 of Art. 96 of the Code of Criminal Procedure of the Russian Federation, if it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification with the consent of the prosecutor may not be made, except in cases where the suspect is a minor. © consultantplus, 1992-2013 when choosing a preventive measure of arrest, this duty of the investigation to notify is provided for in Part 12 of Art. 108 Code of Criminal Procedure of the Russian Federation.

Gennady Parkhomchik

Will they receive wages during their stay with the interrogator?

• During working hours, an employee may be involved in the performance of state and public duties (Article 170 of the Labor Code of the Russian Federation) - in this case, he must be released from work and his position must be retained. The time of absence is noted on the time sheet...

Maria Putina

I am summoned to the police station. I am the injured party. Is the employer obligated to pay for the time spent in the police station? When answering, please write the reason for payment.

• Lawyer's answer:

• Evgenia Petukhova

  Hello! My brother, a citizen of Ukraine, was sentenced in the Russian Federation to 22 years in prison. Tell me who should have notified a relative that a criminal case had been opened against him and that he had been arrested, and in general they should notify relatives about this, if so, what rights were violated ???

  • he himself should have notified. . or not notify - he is legally capable))

Pavel Golovin

Should law enforcement agencies report that the husband was locked up, i.e., sent to prison???

• The interrogator or investigator is obliged to inform relatives no later than 12 hours from the moment of detention of the suspect, and in case of absence, the suspect himself notifies the persons necessary for him. Art. 96 Code of Criminal Procedure of the Russian Federation

Bogdan Useinov

Tell me, have I found the right KBK? Here is the KBK that I found. 322 1 16 17000 01 6000 140 Description of the situation here. Addition: I did not take the decisions from the court about my case; in fact, like the decision on the fine, I did not see them. Since I left Moscow due to a passport replacement. Calls to the Office of Marshal Services turned up nothing. There is no resolution - we won’t tell you the details, especially since you are not in Moscow =_= I don’t know what to do, the deadline is about to expire. I wouldn't want to pay double the amount. We can only hope that the Googled kbk is what we need.

• Lawyer's answer:

  Yes, if you have monetary penalties (fines) for violating the legislation of the Russian Federation on the court and the judicial system, on enforcement proceedings and court fines, this is the correct KBK 322 1 16 17000 01 6000 140 - monetary penalties (fines) for violating the legislation of the Russian Federation on the court and judicial system, on enforcement proceedings and court fines. Monetary penalties (fines) provided for by the Code of the Russian Federation on Administrative Offenses for violation of the legislation on the court and judicial system, on enforcement proceedings (Art. 17.3, Art. 17.4, Art. 17.5, Art. 17.6, Art. 17.8, Art. 17.9, Article 17.14, Article 17.15, Part 1 of Article 19.5, Article 19.6, Article 19.7), for failure to pay an administrative fine (Part 1 of Article 20.25), (or) the procedure for delivery (handing over) judicial notices to the addressee (Article 13.26); monetary penalties (fines) provided for by the Civil Procedure Code of the Russian Federation (part 3 of article 57, part 2 of article 140, part 3 of article 159, part 4 of article 162, part 2 of article 168, part 2 Art. 226, Part 4 Art. 246, Part 2 Art. 249); monetary penalties (fines) provided for by the Criminal Procedure Code of the Russian Federation (part 4 of article 103, part 1 of article 258, part 3 of article 333); monetary penalties (fines) provided for by the Arbitration Procedural Code of the Russian Federation (part 9 of article 66, part 2 of article 96, part 2 of article 119, part 5 of article 154, part 4 of article 156, part. 2 Article 157, Part 3 Article 200, Part 3 Article 210, Part 3 Article 332). Just think how much hemorrhoids there are for contempt of court...

Alla Tsvetkova

who will pay the employee’s expenses when he is recalled from a business trip to court, and then back on a business trip??

• Lawyer's answer:

  Article 170. Guarantees and compensations for employees involved in the performance of state or public duties The employer is obliged to release the employee from work while maintaining his place of work (position) for the duration of his performance of state or public duties in cases where, in accordance with this Code and other federal By law, these duties must be performed during working hours. The state body (In our case, the court) or public association that involved the employee in the performance of state or public duties, in the cases provided for in part one of this article, pays the employee compensation for the period of performance of these duties in the amount determined by this Code and other federal laws and other regulatory legal acts of the Russian Federation or a decision of the relevant public association. The court may pay from the state budget, but then it will collect this amount from the culprit. But usually, whoever calls (plaintiff or defendant) petitions for compensation for damage to the witness, and must attach a certificate from the enterprise about the average salary of the witness (if he does not work under the minimum wage). If the court wins, the other party will pay according to the court's decision. If he loses, he will pay himself - Art. 96.97 Code of Civil Procedure of the Russian Federation, Art. 131 Code of Criminal Procedure of the Russian Federation. A business trip is not considered a sufficient reason for postponing a court hearing (postponing the trial of a case). At least at the discretion of the court.

Nadezhda Ponomareva

What will happen if you fail to appear in court as a witness? I have a problem, I was summoned as a witness to court in another city, but it turned out that I really don’t have money (50 rubles in my wallet), that is, I physically can’t even buy a one-way ticket, and I don’t have anyone to take a small child with leave...what will happen to me if I don’t come there?

• Lawyer's answer:

  If the travel expenses of the witness were borne by the party (plaintiff, defendant), then in accordance with Art. 98 of the Civil Procedure Code of the Russian Federation, the party in whose favor the court decision was made, the court awards the other party to reimburse all legal expenses incurred in the case, except for the cases provided for in part two of Article 96 of this Code. In accordance with Part 2 of Art. 96 of the Code of Civil Procedure of the Russian Federation, if the calling of witnesses, the appointment of experts, the involvement of specialists and other actions subject to payment are carried out on the initiative of the court, the corresponding expenses are reimbursed from the federal budget. Such expenses at trial must be declared separately during the trial. Thus, you will be required to reimburse your expenses, but I understand that you do not have money for the trip. Then maybe this will help: Responsibilities and rights of a witness. A person called as a witness must appear in court at the appointed time and give truthful testimony. A witness may be questioned by the court at his place of residence if, due to illness, old age, disability or other valid reasons, he is unable to appear when summoned by the court. But, of course, it is necessary to notify the court about this, preferably in writing and indicating the reasons (difficult financial situation, a child with no one to leave, etc.). In my opinion, it is necessary to notify no later than 5 days before the meeting.

Elizaveta Fedotova

If a plaintiff or a witness is summoned to court by subpoena, should the working day be paid? If a plaintiff or a witness is summoned to court by subpoena, must he be paid for the working day?

Alena Ershova

In which code can you find information about the onset of night time?

• In the Criminal Procedure Code, in the Labor Code. Night time - 22.00-6.00

Petra Fedorova

What is the procedure for notifying relatives of a detainee? Should relatives at the place of registration of the detainee (??) or those whom the detainee himself names be notified? How to resolve the issue if relatives do not have a landline telephone? Please give me a link where I can read about this quickly and in detail??

• Lawyer's answer:

  Anastasia, the procedure for notification of detention is regulated by the Criminal Procedure Code of the Russian Federation. Article 96. Notification of the detention of a suspect 1. The inquirer, investigator or prosecutor, no later than 12 hours from the moment of detention of the suspect, notifies any of the close relatives, and in their absence - other relatives or provides the opportunity such notification to the suspect himself.2. When a suspect who is a military serviceman is detained, the command of the military unit is notified about this.3. If the suspect is a citizen or subject of another state, then the embassy or consulate of that state is notified within the period specified in part one of this article.4. If it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification with the sanction of the prosecutor may not be made, except in cases where the suspect is a minor. In practice, if there is no landline telephone, relatives can be notified by telegram, via mobile communications, you can call your neighbors and ask them to call people to the phone. It is very rare that it is now impossible to notify relatives. But if not at all, by letter.

Sergei Pronin

who can I complain about a judge whose goal is to put me in prison, despite the victim’s request to close the case,

• Lawyer's answer:

  principle: "you give me - I give you." wait until sentencing. cassation is your answer (the best option) a difficult path: the case (partly) can be brought already at the first instance for supervision under Article 126 of the Constitution of the Russian Federation. but there is a complex and specific preparation of supervision over a court of general jurisdiction (and not supervision over a case in particular), which, believe me, is easier to wait for the verdict. And before the verdict is passed, throw it into the case under Part 2 of Art. 61 Criminal Code several petitions “On the judge’s interest in the outcome of the case” directly/indirectly (3-4 minimum)... the most difficult way: through Art. 96, 97 of the Federal Code of Law "On the Constitutional Court of the Russian Federation" check the constitutionality of the application of a norm (of some kind) in the case that your opponent has gotten into (as unacceptable in the decision made because it violates Article *** of the Constitution of the Russian Federation, Chapter 2). After the FCC of the Russian Federation makes a decision in your favor, you submit it to the regional CCC for violation of Part 1 of Art. 3 of the Law of the Russian Federation "On the status of judges in the Russian Federation". There is a time criterion here - the documents must be sent so that when they reach the FCC of the Russian Federation, a verdict will be issued. Otherwise, the judge will correct himself and acquit you. But you are fighting... That's it!

Galina Nikitina

If a young man 23 was convicted and sent to serve his sentence. Will parents be notified? Where is he, what's wrong with him? Or just. with his consent?

• Lawyer's answer:

  Article 96. Notification of the detention of a suspect 1. The interrogating officer or investigator, no later than 12 hours from the moment of detention of the suspect, notifies one of the close relatives, and in their absence, other relatives, or provides the opportunity for such notification to the suspect himself. 2. When a suspect who is a military serviceman is detained, the command of the military unit is notified about this, and in the case of an employee of the internal affairs body, the head of the body in which the specified employee serves is notified. 2.1. When a suspect who is a member of a public monitoring commission formed in accordance with the legislation of the Russian Federation is detained, the secretary of the Public Chamber of the Russian Federation and the corresponding public monitoring commission are notified about this within the period specified in part one of this article. 3. If the suspect is a citizen or subject of another state, then the embassy or consulate of that state is notified within the period specified in part one of this article. 4. If it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification with the consent of the prosecutor may not be made, except in cases where the suspect is a minor. Article 394. Notification of the execution of a sentence 1. After the entry into force of a sentence under which a convicted person in custody is sentenced to arrest or imprisonment, the administration of the place of detention in accordance with Article 75 of the Criminal Executive Code of the Russian Federation notifies one of the close relatives or relatives of the convicted person about where he is going to serve his sentence.

Zhanna Maksimova

Identification. Tell me, how long does it take for the victim to be called for identification after the criminal is detained? And is this investigative action mandatory? And also, if the criminal is caught, should the investigator notify me of the arrest of the suspect?

• Lawyer's answer:

  The investigator carries out any investigative actions at his own discretion and personally determines when and what investigative actions to carry out. He can do this at any time throughout the investigation. Identification is not mandatory, but only at the discretion of the investigator. When a suspect is detained, only his close relatives are notified and that’s it.

Antonina Zhukova

If a person is detained by the police, does he have the right to call. in our country? and should they report the arrest themselves?

• Lawyer's answer:

  Do not believe those who say that a detainee has such a right. This is a fairly common misconception regarding the right to a telephone zone. First: A citizen detained by the police does not have the right to a telephone call. There is not a single normative act establishing such a right. Anyone who thinks otherwise should provide a link to a specific article of a specific normative act. Second. The police must notify the relatives of the detainee about the detention of a citizen. Law of the Russian Federation “On the Police” Art. 5 - The police provide the opportunity for detained persons to exercise the right to legal assistance established by law; informs, at their request (and in the case of the detention of minors - without fail) about the detention to their relatives, the administration at the place of work or study; if necessary, takes measures to provide them with pre-medical assistance, as well as to eliminate the danger to someone’s life, health or property that arose as a result of the detention of these persons. In addition. In case of administrative detention: h. 3 tbsp. 27.3 of the Code of Administrative Offenses of the Russian Federation - At the request of a detained person, relatives, the administration at the place of his work (study), as well as a defense attorney are notified as soon as possible about his whereabouts. 4. art. 27.3 of the Code of Administrative Offenses of the Russian Federation - His parents or other legal representatives must be notified of the administrative detention of a minor. 4.1.

1. The suspect, as soon as possible, but no later than 3 hours from the moment of his delivery to the body of inquiry or to the investigator, has the right to one telephone conversation in Russian in the presence of the inquiry officer, investigator in order to notify close relatives, relatives or close persons about his detention and location, which is noted in the arrest report. If the suspect waives the right to a telephone conversation or is unable, due to his physical or mental disabilities, to independently exercise this right, such notification is made by the interrogating officer or investigator, which is also noted in the arrest report. The inquiry officer or investigator, no later than 12 hours from the moment of detention of the suspect, also notifies other persons specified in parts two, two.1, two.2 and three of this article about his detention.

2. When a suspect who is a military serviceman is detained, the command of the military unit is notified about this, and in the case of an employee of the internal affairs body, the head of the body in which the specified employee serves is notified.

2.1. When a suspect who is a member of a public monitoring commission formed in accordance with the legislation of the Russian Federation is detained, the secretary of the Public Chamber of the Russian Federation and the corresponding public monitoring commission are notified about this within the period specified in part one of this article.

2.2. When a suspect who is a lawyer is detained, the Bar Chamber of the constituent entity of the Russian Federation, of which he is a member, is notified about this within the period specified in part one of this article.

3. If the suspect is a citizen or subject of another state, then the embassy or consulate of that state is notified within the period specified in part one of this article.

4. If it is necessary to keep the fact of detention secret in the interests of the preliminary investigation, notification based on a reasoned decision of the inquirer or investigator with the consent of the prosecutor may not be made, except in cases where the suspect is a minor.

Chapter 13. PREVENTIVE MEASURES

Article 97. Grounds for choosing a preventive measure

1. The inquirer, investigator, as well as the court, within the powers granted to them, have the right to choose for the accused, suspect one of the preventive measures provided for by this Code, if there are sufficient grounds to believe that the accused, suspect:

1) will hide from the inquiry, preliminary investigation or trial;

2) may continue to engage in criminal activity;

3) may threaten a witness, other participants in criminal proceedings, destroy evidence or otherwise obstruct the proceedings in a criminal case.

2. A preventive measure may also be chosen to ensure the execution of a sentence or the possible extradition of a person in the manner provided for in Article 466 of this Code.

Article 98. Preventive measures

Preventive measures are:

1) undertaking not to leave;

2) personal guarantee;

3) observation by the command of the military unit;

4) supervision of a minor accused;

6) house arrest;

7) detention.

Article 99. Circumstances taken into account when choosing a preventive measure

When deciding on the need to select a preventive measure in relation to a suspect or accused of committing a crime and determine its type if there are grounds provided for in Article 97 of this Code, the severity of the crime, information about the identity of the suspect or accused, his age, state of health, family history must also be taken into account. position, occupation and other circumstances.

Article 100. Selecting a preventive measure against a suspect

1. In exceptional cases, if there are grounds provided for in Article 97 of this Code, and taking into account the circumstances specified in Article 99 of this Code, a preventive measure may be chosen in relation to the suspect. In this case, the charge must be brought against the suspect no later than 10 days from the date of application of the preventive measure, and if the suspect was detained and then taken into custody - within the same period from the moment of detention. If charges are not brought within this period, the preventive measure is immediately canceled, except for the cases provided for in part two of this article.

2. The charge of committing at least one of the crimes provided for in Articles 205, 205.1, 205.3, 205.4, 205.5, 206, 208, 209, 210, 277, 278, 279, 281, 360 and 361 of the Criminal Code of the Russian Federation must be brought to a suspect against whom a preventive measure has been chosen, no later than 45 days from the date of application of the preventive measure, and if the suspect was detained and then taken into custody - within the same period from the moment of detention. If charges are not brought within this period, the preventive measure is immediately canceled.