A collision with law enforcement can happen suddenly, and one of the most severe measures of exposure is the detention. This is a restriction of freedom that is applied by the court for the commission of administrative offenses. Unlike a criminal sentence, this type of punishment is short-term, but its consequences for a citizen can be significant.
The most common period of isolation is the period of isolation. fifteen days. This is the maximum provided by the Code of Administrative Offences for a wide range of misconduct, from hooliganism to disobedience to lawful police demands. Understanding the mechanisms of this process is necessary for every adult, since knowledge of their rights can significantly facilitate the situation.
In this article, we will discuss in detail the legal grounds for arrest, the procedural subtleties of detention and how the execution of punishment takes place. It is important to be aware of the difference between being taken to the police station, being detained and being arrested, as these concepts are often confused, leading to panic and rash actions.
Legal grounds and categories of offences
Administrative detention is an exceptional measure of punishment that can only be imposed by a judge. No police officer, traffic police inspector or representative of any other department has the authority to independently decide on the isolation of a citizen. The basis is always the existence of the offence provided for by CAO.
The legislation clearly regulates the list of articles for which isolation is possible. Most often, we are talking about violations of public order, such as petty hooliganism or appearing in public places in a state of intoxication. Also, persons who have not obeyed the lawful request of a representative of the authority shall be arrested, if this does not contain a criminal offence.
There are a number of specific articles where arrest is an alternative to a fine or is applied for repeated violation. For example, this applies to violations in the field of migration registration or traffic rules (for example, driving while intoxicated without signs of a criminal offence).
Can the arrest be replaced by a fine?
According to the note to article 3.9 of the administrative code of the Russian Federation, administrative arrest cannot be applied as a primary punishment if the sanction of the article provides exclusively for arrest. However, if the article allows for a choice between a fine and an arrest, the court may impose a fine, especially in the presence of extenuating circumstances.
It is critically important to understand that arrest does not apply to pregnant women, women with children under 14 years old, persons under 18 years old and disabled people of groups I and II. For these categories of citizens, the law establishes an unconditional prohibition on this type of punishment, regardless of the gravity of the offense committed.
Detention and trial proceedings
The process of prosecution begins from the moment of detention. The police officer is obliged to draw up a report on the detention within three hours. The document records the time, place, reasons and motives of detention, and explains the rights of the detainee. Protocol This is a key document and any errors in it can be a reason for appeal.
After drawing up the protocol, the person is taken to the premises of the internal affairs body. Here there is a personal search, fingerprinting and photography. The law requires that the detainees' relatives or close friends be notified as soon as possible. This right is enshrined in the Constitution and cannot be limited by internal regulations.
The case of an administrative offence involving arrest shall be considered by the court on the day of receipt of the protocol, but not later than 48 hours from the date of actual detention. If the court fails to consider the case within this period, the detainee must be released immediately. This is a tight time limit, the violation of which makes detention illegal.
⚠️ Warning: When detained, request immediate notification of your lawyer and relatives. Refusal to make a telephone call is a gross violation of procedural rules.
During the court hearing, the judge ascertains the circumstances of the case, checks the evidence and listens to the parties. The absence of a lawyer in arrest cases is inadmissible unless the detainee himself has refused him in writing. Protection must be provided either by a hired lawyer or by an appointed lawyer.
Trial and ruling
The trial of administrative arrest cases is conducted in an expedited mode, but must comply with all the principles of adversariality of the parties. The judge examines the case file submitted by the police and hears the offender's explanations. It is at this stage that the appointment is decided. punishment.
The court decision shall enter into force immediately after its announcement. This means that the person against whom the decision on arrest is made is immediately placed in a special detention center for the execution of the punishment. A copy of the order shall be handed to the offender against a receipt on the day of the issuance.
It is important to note that appealing against the order does not suspend its execution. That is, even if you filed a complaint in a higher court, you will have to start serving your arrest immediately. However, if the higher court overturns the ruling, the time spent in the special detention center will be compensated.
The arrest period is calculated in days. The period of administrative arrest shall include the time during which the person was in the premises of the internal affairs body before the court considered the case. So if you spent 24 hours in a monkey before the trial, that day is deducted from the arrest period.
Conditions of detention in a special receiver
The execution of the punishment takes place in special reception centers for persons subjected to administrative arrest. The conditions of detention are strictly regulated by Federal Law No. 103-FZ. The premises must comply with sanitary and hygienic standards, be equipped with individual sleeping places and lighting.
Persons under arrest are provided with three hot meals a day. The menu is prepared taking into account the nutrition standards approved by the government. Prisoners are also provided with bed linen, basic necessities and the possibility of hygienic procedures.
The regime of the day in the special reception involves getting up, eating, walking and withdrawing according to the established schedule. Walks usually last at least one hour a day. During this time, prisoners may be in a specially designated yard or room.
| Parameter | Normative value | Commentary |
|---|---|---|
| Area per person | At least 4 square meters. ? | In some cases, a reduction is allowed. |
| Walking. | 1 hour a day | Weather conditions |
| Dates. | 2 hours a week | With close relatives |
| Phone calls | 3 calls a week | 15 minutes, each |
Medical support is an important aspect. Upon admission to the special reception, a medical examination is carried out. In case of deterioration of health, the prisoner has the right to call a doctor or hospitalization in a hospital. The time of treatment in the hospital is also counted as the period of arrest.
Rights and obligations of the arrested person
While in administrative detention facilities, a citizen does not lose his or her fundamental rights. He has the right to humane treatment, protection from torture and ill-treatment. Any actions of the special detention center staff that are outside the scope of the law can be appealed.
The arrested person has the right to legal aid. Meetings with a lawyer may be held in private and without limitation of their number and duration. This is a key protection tool to monitor the legality of detention conditions and the procedure for the execution of sentences.
But there are also responsibilities. The arrested person is obliged to comply with the internal regulations, to comply with the legal requirements of the administration, to treat the property with care. For violation of the regime, measures of influence can be applied, up to placement in a punishment cell or placement in a solitary cell.
Keep calm and polite when communicating with the administration of the special reception. Aggressive behavior often provokes employees to take more stringent enforcement measures, even if they are technically right.
Relatives of the arrested person have the right to hand over food, basic necessities and literature to him. Lists of permitted products are usually posted on stands in the reception rooms or placed on the websites of the territorial bodies of the Ministry of Internal Affairs.
Release and consequences of arrest
Release shall be effected upon expiry of the period of arrest specified in the court order. If the last day of the period falls on a non-working day, the release shall be made on the first working day following it. A certificate is issued on hands that the person was under administrative arrest.
The fact of serving an administrative arrest is the basis for recognizing a person subjected to administrative punishment. This entails legal consequences: if the offence is repeated within a year, the person will be considered a repeat offender, which may entail a more severe punishment.
The time spent under arrest is not included in the length of service, unless otherwise provided for by special normative acts for certain categories of employees. However, the period of temporary incapacity for work, if the arrested person falls ill in a special reception, can be paid in accordance with the legislation on social insurance.
☑️ What to Check for When Released
In some cases, the arrest may be terminated for health reasons. If a person has a disease during the sentence that prevents his or her detention in a special detention center, the court may decide to terminate the arrest. This requires the conclusion of the medical commission.
Frequent questions and misconceptions
There are many myths surrounding the subject of administrative arrest. People often confuse it with criminal arrest or detention of a suspect. The main difference is in terms and grounds. Administrative arrest does not entail a criminal record, but creates an entry in the databases of the Ministry of Internal Affairs about the offense committed.
Many believe that you can “sit” the arrest at home or in the country. That's impossible. The execution takes place exclusively in specialized institutions. An attempt to escape after the court has issued a decision is regarded as evasion of execution and may lead to forced delivery.
⚠️ Note: Evading administrative detention is an independent offence and may result in a new term of arrest or a double fine.
There is also a common misconception that arrests can be “waited out” in the hospital. Hospital lists in the special reception room are opened only in the presence of real medical indications confirmed by doctors of the FSIN or the Ministry of Internal Affairs. Simulating diseases is prosecuted by law.
Administrative arrest is a real deprivation of liberty, which is carried out in strictly defined places and entails legal consequences in the form of an administrative conviction.
Can administrative detention be replaced by compulsory labor?
Yes, in some cases, the court may replace the administrative arrest not executed at the time of consideration of the case with mandatory work. This is possible if the arrested person has good reasons or if a considerable time has elapsed since the commission of the offence. The decision is made by the judge individually.
Do you have the right to take the phone when you are in a special reception?
Yes, personal belongings, including mobile phones, are seized when taken to the special reception and stored in the storage room until released. The use of personal phones inside the cells is prohibited. For communication with the outside world, fixed telephones are provided under the control of the administration.
What happens if you don’t pay the fine after your arrest?
Administrative arrest is carried out regardless of payment of the fine. However, if the fine was imposed with or instead of the arrest (as an additional penalty) and it is not paid within 60 days, the case is referred to the bailiffs. They can seize accounts, property or impose a travel ban.
Can I smoke in the special reception?
Smoking in the premises of special reception facilities is usually prohibited by the legislation of the Russian Federation on the prohibition of smoking in public places and institutions of the state system. Smokers can have special smoking rooms, but access to them is limited by the day.