Administrative arrest is one of the most stringent measures of state coercion applied to citizens who have violated the law. Unlike criminal imprisonment, this type of punishment does not create a criminal record, but significantly limits personal freedom for up to 30 days. Most often it appears in judicial practice period of 15 days, which is assigned for a number of serious misdemeanors that are not crimes.
Many drivers and ordinary citizens underestimate the severity of some offenses, believing that they will only get away with a fine. However Code of Administrative Offenses (CAO RF) provides for the possibility of imprisonment even for refusal to undergo a medical examination or petty hooliganism. Understanding the boundaries of what is permitted helps you avoid fatal mistakes that can cost you your job, your reputation, and months of life in a special detention center.
In this article, we will examine in detail what specific actions the court can order an arrest for, how the detention procedure goes, and what rights the offender retains. We will also touch upon issues related to the execution of punishment and possible exceptions when it is impossible to replace an arrest with a fine or not apply it at all.
Legal basis of administrative arrest
The basis for the application of arrest is a court decision made following the consideration of a case of an administrative offense. According to Article 3.9 Code of Administrative Offenses of the Russian Federation, this type of punishment cannot be applied for violations committed for the first time, if they are not of a socially dangerous nature, however, the legislator has made a number of exceptions for articles where arrest is the main or only type of punishment.
It is important to understand that administrative arrest is carried out in special detention centers, where people must be kept in conditions of strict isolation. This is not a prison in the full sense of the word, but the regime here is much stricter than under house arrest or under recognizance not to leave. Duration of maintenance is calculated in hours, and even a slight delay in obtaining documents can prolong the actual time spent behind bars.
⚠️ Attention: Administrative arrest does not apply to pregnant women, women with children under 14 years of age, persons under 18 years of age, disabled people of groups I and II, as well as military personnel and those called up for military training. For these categories, the law provides exclusively for penalties.
Judicial practice shows that judges approach the choice of punishment individually, assessing the personality of the offender, his marital status and the presence of remorse. However, for a number of articles, for example, related to narcotic substances or repeated drunk driving, there may simply be no alternative to arrest if the offender has previously been prosecuted.
Traffic violations leading to arrest
The most common reason why citizens end up in a special detention center is traffic violations. Drivers often forget that certain actions on the road are considered serious offenses. The leader here is driving while intoxicated or refusing to undergo a medical examination.
If the driver has previously been subject to administrative punishment for a similar violation and is caught driving drunk again within a year, he faces not only a large fine, but also imprisonment for a term from 15 to 30 days. This rule also applies to those who do not have a driving license at all or have been deprived of a license but continue to drive.
- 🚗 Driving a car by a driver who is intoxicated, in the presence of a previously committed similar offense.
- 🚫 Refusal to comply with the legal requirement to undergo a medical examination for intoxication.
- 🛑 Leaving the scene of an accident if the accident injured people or caused significant material damage.
- 🏁 Failure to provide an advantage in traffic to pedestrians or other road users will result in harm to health.
Particular attention should be paid to the situation with leaving the scene of an accident. Many drivers drive away from the scene of an accident, hoping they won't be found or thinking the damage is minor. However, if the second participant calls the traffic police, and the culprit is found, he faces not only deprivation of his rights, but also a real arrest period of up to 15 days, especially if it is proven that he fled deliberately.
⚠️ Attention: Even if you hit a parked car and don't find its owner, leaving a note and driving away is legally risky. It is better to call the traffic police or wait for the owner, otherwise you may be charged with leaving the scene of an accident, which is grounds for arrest.
Public order and disobedience to police
The second most common set of violations leading to a “day” concerns public order. Petty hooliganism, expressed in obscene language in public places, offensive harassment of citizens or disturbing the peace, often ends with a trip to the police station. If the actions do not contain signs of a criminal offense, Article 20.1 of the Code of Administrative Offenses of the Russian Federation is applied.
An even more serious offense is disobeying a lawful request of a police officer. This is not necessarily a fight or resistance with weapons in hand. Disobedience Refusal to present documents, an attempt to drive away in a car when asked to stop, or ignoring requirements during public events may be recognized.
Courts often consider such cases on an expedited basis. If the protocol is drawn up correctly, and the video recording from the chest recorder confirms the fact of disobedience, there is little chance of avoiding arrest.
| Article of the Code of Administrative Offenses of the Russian Federation | Violation | Maximum period of arrest |
|---|---|---|
| 20.1 part 1 | Petty hooliganism | 15 days |
| 19.3 part 1 | Disobeying the police | 15 days |
| 20.2 h. 8 | Repeated violation of rally rules | 30 days |
| 6.1.1 | Beatings (if there is no criminal case) | 15 days |
The beatings are worth mentioning separately. If the blow did not cause harm to health (there was no sick leave or examination), but the fact of striking was proven, this is qualified under Art. 6.1.1 Code of Administrative Offences. In case of repeated commission of such an act within a year, criminal liability begins, but for the first time it is quite possible to receive 15 days.
Drugs, weapons and other serious offenses
There is a category of violations where the legislator shows maximum severity. This applies to illicit trafficking in narcotic drugs, psychotropic substances and their analogues. Even possession of small amounts of marijuana or use of the substances without a doctor's prescription can result in administrative arrest.
Article 6.9 of the Code of Administrative Offenses of the Russian Federation provides for arrest for up to 15 days for drug consumption without a doctor’s prescription. If a citizen is found in possession of prohibited substances in an amount that is not sufficient to initiate a criminal case, but sufficient for “personal consumption,” an arrest is also very likely, especially if the citizen has already been prosecuted.
What is considered "small size"?
For administrative liability, the amount must be less than the “significant” amount established by Note 2 to Article 228 of the Criminal Code of the Russian Federation. For example, for marijuana it is less than 6 grams, for hashish it is less than 2 grams. Exceeding these standards leads to a criminal case.
Similarly strict regulations apply to weapons. Violation of the rules for storing, carrying or transporting weapons, as well as ammunition for them (Articles 20.4, 20.12 of the Administrative Code) may result in arrest. Especially if the violation created a threat to others or was committed repeatedly.
- 💊 Consumption of drugs without a doctor’s prescription.
- 💉 Drug propaganda (in certain forms).
- 🔫 Violation of the rules for the circulation of weapons and ammunition.
- 🔥 Violation of fire safety requirements resulting in damage.
In drug cases, the seizure and examination procedure is critical. Any violation of procedural rules by the police can become the basis for the collapse of the case in court. Therefore, the presence of a qualified lawyer in such situations is not only desirable, but necessary to protect rights.
Detention procedure and detention in a special detention center
The process of getting behind bars begins with arrest. The police officer is required to draw up a report on the arrest, which indicates the date, time, place, motives and grounds for the arrest. A copy of the protocol is given to the detainee. From this moment the countdown begins during which you must be brought before the judge.
According to the law, the period of administrative detention cannot exceed 3 hours, but in some cases (for example, to establish an identity or in case of violation of migration laws) it can be extended to 48 hours. All this time you are in a temporary detention cell (TCC) at the police station, where conditions are often far from comfortable.
⚠️ Attention: If you are detained, you have the right to one telephone call to your loved ones or a lawyer. Do not hesitate to use this right - tell your family where you are and which employee detained you.
After all materials have been compiled, the case is sent to court. If the judge decides to arrest you, you will be transferred to a special detention center. There is a strict daily routine: getting up, eating, walking (usually 1 hour a day), lights out. You are not allowed to take practically anything with you, except documents and the hygiene minimum allowed by the internal regulations.
☑️ What you can take with you to the special detention center (by agreement)
It is important to note that the time spent in a temporary detention center before trial is counted towards the period of administrative arrest. However, if you are not brought before a judge within 48 hours, these days may be considered illegal and you may be entitled to compensation, although this is difficult to achieve in practice.
How to avoid arrest or minimize consequences
It is difficult to completely avoid liability in the presence of an offense, but it is possible to minimize the punishment. The key factor is repentance. Active assistance in identifying the circumstances of the case, voluntary cessation of illegal behavior and compensation for the damage caused may persuade the judge to impose a fine instead of arrest.
It is also worth considering the presence of young children, pregnancy, health status or being dependent on elderly relatives. The court must take these circumstances into account when choosing a punishment. Petition the non-use of arrest must be submitted in writing and documented.
If you cannot avoid arrest, remember your rights in the special detention center. You have the right to three meals a day, a place to sleep, medical care and correspondence. Any violation of your rights must be recorded and may be the subject of separate proceedings.
If you are detained, behave as calmly as possible. Aggression and insults of police officers are almost guaranteed to lead to new protocols under Art. 19.3 of the Code of Administrative Offenses (disobedience) and will increase the chances of a real arrest instead of a fine.
Frequently asked questions (FAQ)
Is it possible to replace administrative arrest with a fine?
Yes, in many cases the court can replace the arrest with a fine if it considers this sufficient. However, for articles where arrest is a mandatory punishment (for example, repeated drunk driving), replacement with a fine is not possible. Replacement is also possible if the arrest cannot be executed due to health reasons.
Does time in the "monkey barn" count toward the arrest period?
Yes, the time of administrative detention spent in a temporary detention center (IVS/KVS) before a court decision is fully counted towards the period of administrative arrest. One day of detention is equal to one day of arrest.
Is it possible to get a deferment of execution of an arrest?
The law provides for the possibility of deferring the execution of a sentence for up to 1 month in exceptional cases, if immediate execution could lead to serious consequences for the person or his family. The decision to defer is made by the judge who issued the order.
What happens if you don’t come to the special detention center to serve your sentence?
Failure to appear without a valid reason will result in forced arrest by the police. In addition, this will be regarded as malicious evasion, which may become the basis for initiating a criminal case under the relevant article of the Criminal Code of the Russian Federation.