Requires presentation of documents. Beats you. He asks to be allowed into the apartment. He's going to take you to the ward... And other rules of behavior in situations from which none of us is immune.
Since 2011, the activities of law enforcement officers have been regulated by the federal law “On Police”. According to him, the police, like agents Mulder and Scully, are required to read out to the detainee his rights (for example, to immediate legal assistance and a call within three hours from the moment of detention); they do not have the right to use weapons against illegal but peaceful protesters, as well as against disabled people, pregnant women and children (if they do not threaten someone's life). “In general, all the main innovations are listed here,” experts say. - Oh, yes, there is one more thing. Nice. If a policeman even slightly violated your rights or, say, unreasonably detained you, he is obliged to apologize to you.”
Our experts will guide you through the labyrinths, wilds and savannahs of the law: Alexander Arutyunov, lawyer, Doctor of Law, Chairman of the Moscow Bar Association "Arutyunov and Partners", and Georgy Ter-Akopov, lawyer of the Moscow Bar Association "Knyazev and Partners".
...hitting you
Solution.
If you didn’t start waving your arms first, boldly (well, or how you can) defend yourself.
“A police officer has the right to use force only in exceptional cases - in particular, when you threaten others (for example, with a weapon) or are the first to use force against a police representative,” experts say. Even if you look like an identikit of a serial maniac, a policeman has no right to beat you for no reason. And if he does start, then you can hit back, and then explain your behavior with Article 37 of the Criminal Code of the Russian Federation “Necessary Defense”. Even if you refuse to go to the department, but do not wave your fists and do not run away, the law enforcement officer cannot raise a baton on you. “The maximum he has the right to do in this situation is to push you on the shoulder or drag you to the separation,” experts say.
... wants to put him in a monkey house for looking drunk
Solution.
Refuse to go to the branch, because this requirement is illegal.
Are you not driving? And you don't drink on the street? So, you can’t go anywhere with a law enforcement officer. “The police can deliver to the police station only those drunk people who, being in public places, have lost the ability to move independently or navigate in the environment,” our consultants note. Therefore, if you are able to get away from the policeman on your own, go away: he has no right to detain you.
...requires to show documents, but you do not have a passport
Solution.
Try to negotiate.
It is a pity that the laws in Russia do not work as they should. According to them, a police officer can ask you to show your passport only if the Ministry of Internal Affairs suspects you of some kind of crime or they want to charge you. That is, in fact, the law enforcement officer cannot ask you for documents without a reason. In fact, it turns out that a person in uniform, if desired, declares that he has suspicions about you, and such a subjective suspicion is quite enough. So tread carefully. Let's say you ran out to the store for a beer. That is, for bread. Then a policeman stops you and asks you to show documents “due to the fact that you look like an identikit of a criminal.” “In this case, you do not need to get into a pose,” our consultants advise. “It’s better to tell the policeman your last name, place of residence and offer to go to your house to show your passport.” It's the passport. Neither a driver's license, nor a foreigner, nor a subscription to a strip club are legally considered identity cards. All according to the same law, the policeman has the right to refuse to go for a passport, but simply take you to the police station. “In such a case, keep in mind that in order to establish the identity of a citizen, they can be detained for no more than three hours,” our consultants instruct.
...requires to show documents, and you have a passport, but you are in a foreign city and without registration
Solution.
Lie that you hitchhiked here in the morning (they won’t require you to show a ticket for a ride!).
Of course, you can explain the lack of registration by showing the ticket (it has the date of arrival). “You can live without registration not at the registration address for up to 90 days,” the lawyers explain. But keep in mind: if you don’t have a ticket, and you live in the city for five years, you can always lie that you arrived an hour ago in a passing car. If for some reason you told the police the truth, don’t even think of giving a bribe, because they won’t do anything bad to you anyway: they will take you to the police station, issue a fine (maximum 2,500 rubles) and immediately release you.
...requires to let him into the apartment
Solution.
If you are called a suspect, you will have to let in, and if you are a witness to the incident, you can not let anyone in.
...wants you to show your stuff
Solution.
Require two witnesses.
Checking things is like a passport requirement. On the one hand, in order to ask you to show the contents of the bag, the police officer needs information that you are carrying (carrying) prohibited items with you, such as weapons, drugs, or Berezovsky. As you understand, the law enforcement officer can invent the existence of such data, but you cannot check the policeman for veracity. But you can demand two attesting witnesses of the same sex as you and the drawing up of a protocol. Usually the police do not mess with such clever people and let them go.
...is going to take you to the ward
Solution.
In the absence of grounds for detention, do not fall for the bluff of the policeman. We give 95% that he will not take you anywhere.
“To be brought to the department, there must be such grounds as an escape from custody or suspicion of committing a crime,” experts say. So if your pockets aren't full of heroin, don't be afraid. A fellow policeman probably wants to beg you for a tip, but this number won't work for him today. Of course, he can declare you a suspect and deliver you to the department, but a rare law enforcement officer wants to mess with you for nothing.
... threatens to keep behind bars for 10 days (well, or a year)
Solution.
Call a lawyer. If they don't put some hanging on you, they'll let you go in a maximum of two days.
Still, a valiant law enforcement officer invented that you looked like a fresh sketch of bin Laden, and dragged you to the police station. Anything happens. “Keep in mind that you can call a lawyer and use the right to call within three hours from the moment of detention,” our consultants admonish. And they will release you no later than 48 hours later. During this time, the police must check everything, apologize and let you go home. Well, that's if you really didn't do anything illegal. Otherwise, you will be charged.
...wants to take your phone
Solution.
Let me call.
The law says that a police officer has the right to "freely use for official purposes the means of communication belonging to ... citizens." That is, a law enforcement officer can come up on the street and pick up your mobile phone to call on an urgent business matter. How urgent and official it is, you can’t check, so it’s better not to argue.
...wants to drive away in your car
Solution.
Or let me steer, or take children and pregnant women with you.
All this is sad, but the rules allow law enforcement officers "to use in cases of urgency, vehicles ... citizens." Of course, a police officer can pick up a car only in special cases - for example, to detain a criminal or travel to the scene. By the way, no one will return the car with delivery to the apartment; you need to get it in the department where the hijacker works. “But there is also a positive moment,” experts say. “Firstly, a police officer cannot take your car away from you or force you to drive it anywhere if there are pregnant women or persons under 18 inside.” Secondly, the Ministry of Internal Affairs is obliged to pay you for the spent gasoline and, if necessary, car repairs.
BOOK OF COMPLAINTS
If the policeman nevertheless violated your rights and you do not want to leave such a ghoul without punishment, then feel free to call or write a complaint to the Internal Security Department of the Ministry of Internal Affairs (look for contacts on the Internet or find out at any police station) or to the prosecutor's office.
“The police have the right to enter a residential area to save the lives of citizens, detain suspects (and suspicion on the part of one specific employee is enough), suppress a crime and establish the circumstances of an accident,” the lawyers warn. In other situations, you are not obliged to let anyone in, including a person in uniform, into the house. If the policeman is not very concerned about this, dial 02 and call on the negligent ensign (or who is he?) Outfit. And further. Before starting to open the door, law enforcement officers are obliged to warn you of their intention to get into your home, explain the reason for such a desire and invite you to open it yourself. In a word, there will always be time to escape!
Any person on the street can be approached by a policeman. Sometimes this is a request to become understood, to show documents or to seek help if they are looking for a criminal or witnesses to a violation. But there are more serious reasons: a personal search, a demand to leave some place, and even detention.
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At any meeting with the police, it does not hurt to know your rights and use them correctly. We wish you that this article will never come in handy, but if suddenly a policeman approaches you on the street, here is the simplest instruction for such a case.
The law is harsh, but this is Russia, baby
We love Russian laws, but not all law enforcement officers agree with us. This document contains your rights under the law, but what the meeting with the policeman will be like in reality, we cannot predict. God bless you.
The right to find out the position, rank and surname of a police officer, to see a service certificate
How it works. If a police officer is on duty and approaches anyone for any reason, the first thing he should do is introduce himself. By law, it is necessary to report the position, surname and rank. You can ask the policeman for an official ID, he is obliged to show it upon request.
If you yourself approach the policeman, he must also introduce himself. Employee data can be recorded.
The right not to carry a passport and other documents
How it works. There is no requirement in any law that an ordinary person who goes to the store, to work or walks with a child, has a passport with him. That is, the policeman may ask for documents for verification, but if you do not have them, you are not violating anything. This is not a reason to detain you or fine you. You can simply say that you don’t have your passport with you, he is at home or in the car.
But even here there is a fine line: if there are grounds for checking documents or you need to find out your identity, the policeman can take you to the department to establish your identity there. For this, specific reasons are also needed, but it is always easier to show at least something: military ID, rights. They are not allowed to take the passport.
See also:
Right to be treated with courtesy
How it works. A police officer is obliged - precisely obliged under federal law - to communicate with any person politely, respectfully, on "you", without rudeness. Even if you violated something, they cannot tell you: “Hey, you, come here, do you know what will happen to you?” There should be no swearing, discrimination based on nationality, disrespect for cultural traditions and religion. Body searches can only be carried out by persons of the same sex.
If a police officer is rude, threatens, takes away documents and uses force for no reason, all this can be recorded and then used against him. But this is so according to the law and regulations. If you do not take into account controversial situations with violations and detentions during riots, it never hurts to make a remark to the policeman, recalling his obligations under the law. This will at least help to pull the presumptuous employee who decided that he can communicate on "you", threaten and demand documents without reason.
See also:
The right to know the reason for the appeal and verification of documents
How it works. A police officer cannot just ask you to go to the police station or show your passport to verify your identity. Any request must have a reason. Even for checking documents, there is a clear list of reasons, and just the curiosity of the policeman is not mentioned there. The second action of any policeman who wants something from you is to explain why he stopped you and why he needs your documents.
How it works. If a police officer violated your rights - rudely treated, used force, disclosed a secret of private life, detained without reason - then under federal law he is obliged to issue a formal apology. Moreover, this is done publicly and in writing - well, or as the offended citizen wishes. They can send a letter to him at work or at the institute.
The Ministry of Internal Affairs even has a special order on how to apologize. And it really works. If you write a complaint or the court finds that the policeman has violated the rights, he is obliged to apologize within a maximum of a month. There are cases when a policeman cursed, and then apologized for it. And he was also reprimanded. Apologies will come in handy if at work they found out that you allegedly violated something, you were detained or suspected of something, and then it turned out that everything was groundless.
The right to explain one's actions or not to say anything
How it works. The policeman is obliged to listen to explanations: why a person got into a protected area, got into a fight or does not pay alimony. This does not mean that explanations will help avoid a fine or detention, but they will help mitigate the punishment. But there are times when you don't want to say anything. It has every right under the Constitution.
The refusal to testify against oneself and relatives should not be confused with failure to appear in court as a witness, if it is not about a relative. For this, they can already be punished under the criminal code.
See also:
The right to keep private information confidential
How it works. When the police check something, file a violation case, or investigate a crime, they can learn someone's secrets. For example, the car may indeed be similar to the one that is wanted, and it was stopped legally. But a person goes there not with his wife, but with a girlfriend, with whom he would not like to make his relationship public. During the check, it turned out that everything was in order with the car, but the policeman could not go and write on social networks who he stopped today and what he saw interesting in the car during the search.
Information about private life that cannot be disclosed is information that relates to a specific person, concerns him, is not controlled by society and the state, and in which there is no violation of the law. If someone does not pay taxes or beat up a cafe visitor, this is not private life. But if the same person has a mistress or has three illegitimate children, this is already a private life.
The police officer can find out this information, but cannot disclose it without the consent of the person. For this, you can demand an apology, compensation, and in general. Although, as usual, there is a fine line between what you can do and what you are punished for.
The right to refuse to be understood
How it works. Anyone can be asked to be understood. Just come up on the street and say: "We need an attesting witness, take a couple of minutes - there is a search of the car with a seizure." But to be understood is a right, not a duty. If the police officer made such a request, you can refuse. You will not be punished for this, and you cannot be forced.
See also:
Download pictures with instructions
The right to draw up a protocol during detention, seizure and search
How it works. Let's say the policeman found reasons to detain you or conduct a personal search. The reasons for this are easy to find. But each such action should be accompanied by a protocol - before, not after. The protocol should indicate all the circumstances, then it will come in handy. For example, the time of detention should be indicated there, because there is a limit: how long a person can be detained and from what time this period can be counted.
Without a protocol, they cannot inspect the car, take away some papers, a flasher, or issue a fine. The protocol notes the data of attesting witnesses, witnesses and the circumstances of the case. Always ask for the protocol and read it carefully. There is no protocol - your rights are violated, this is a reason to cancel the punishment.
See also:
- How to inspect a car
The right to study the protocol and leave comments
How it works. The protocol must be signed by the person in respect of whom it is drawn up. You can study it as long as you like and leave any comments there. It is possible not to sign, but it is better not to do so.
If you do not sign the protocol, they will simply make a note about it: "Refused to sign." But this will not invalidate the protocol and will not interfere with the punishment. Sometimes the police use this: they put the wrong time, indicate witnesses, although they were not there. In principle, a police officer can generally draw up a protocol quietly and indicate that they did not want to sign it. It will be difficult to challenge: where is the evidence that you did not see, and did not refuse? So far this issue has not been resolved. It is better to read everything, leave comments, put dashes and signature. And be sure to ask for a copy for yourself.
The right to receive information and examine documents
How it works. The police officer must not only state the reason for the appeal or detention, but also explain what rights you have in a particular situation. For example, that you can not testify against yourself, that you can be detained for a maximum of three hours. Or that you have the right to a lawyer and a call. You can find out what is with your application, read the minutes and get acquainted with the results of the examination.
See also:
Right to a lawyer
How it works. From the first minute of communication with the police, you have the right to use the services of a lawyer. You can say nothing and show nothing until a lawyer arrives. It's always best to have the phone number of a lawyer you trust or have been recommended to you. And in any incomprehensible situation, call him. Sometimes this acts magically on the police: they begin to talk differently, and the claims disappear by themselves.
See also:
The right to call relatives
How it works. If a policeman just approached you on the street, he still does not detain you and does not present anything. You can call whoever you want. If you are detained, your rights and freedoms are limited. But you still have the right to one phone call: you can make it within three hours after the arrest or ask the policeman to tell your relatives what is wrong with you and where you are.
Download pictures with instructions
The right to a warning about the use of force or special means
How it works. The police can use physical force, a baton and even weapons. But not when he wants, but if it is allowed by law and instructions.
For example, if a person demands to invite attesting witnesses during the search or takes a police officer on camera, this is not a reason to forcefully pull him out of the car and beat him with a truncheon. Force can be used only if it is necessary to prevent a crime, deliver the violator to the police station, or he opposes the lawful demands of the police officer. At the same time, the employee must first warn about the intention to use force, give time to fulfill the requirements - and only then do something.
There are separate requirements for special equipment: stun guns, tear gas, water cannons, service dogs. Even stricter with weapons. Do not use force against pregnant women, children and the disabled. You cannot disperse a peaceful demonstration or a legal rally where no one violates anything.
See also:
The right to participate in rallies and demonstrations, if they are agreed
How it works. According to the law, the police may ask the participants of an illegal rally to disperse. For example, if it interferes with traffic or there is a danger to other people. But if the rally is agreed, the authorities gave permission to hold it at this time and in this place, no one breaks the law - people peacefully walk with posters, arrange actions, do not harm other people's property and do not attack anyone - the demand to leave the place of demonstration is illegal. Rallies and marches are not prohibited - you can participate in them, but you need to properly organize them.
How it works. You can complain about the actions and inaction of a police officer to his superiors, to a higher authority, the prosecutor's office or the court. If your rights are violated, you do not have to put up with it. Inspection without protocol, obscene words during communication, physical force without warning, detention without reason, demand for a bribe - all this is a reason for complaint.
In a complaint, the authorities can be asked to sort out the situation and take action against the guilty employee. And in court, you can demand to recognize actions and inactions as illegal - this is a reason for compensation.
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Worked on the material
Author - Ekaterina Miroshkina, editor - Maxim Ilyakhov, production editor and layout designer - Evgenia Izotova, photo editor - Maxim Koposov, information designer - Zhenya Sofronov, editor - Anna Lesnykh, proofreader - Alexander Salita
If you were walking down the street, did not touch anyone, and the police stopped you, then most likely they have a reason for that. Ask yourself: "Why did they choose me"? Maybe you were walking down the street ... at three in the morning? Maybe you are not presentably dressed? Or are you drunk and staggering like a poplar in the wind? Why did you attract the attention of law enforcement officials?
These questions will help you understand a simple thing. You must not give the guards a reason to suspect you of anything. Let's allow ourselves such a comparison: in the same way as the choice of a victim by a criminal occurs, so does the choice of a "victim" by police officers. Only the selection criteria will be different. A criminal is more likely to pick a weak-looking person in the right setting - in a park or parking lot in the middle of the night. Demonstration of material values, inattention or obvious fear are markers of victim behavior that will definitely be noticed. The police patrol operates according to a similar scheme - they are looking for potentially dangerous, unseemly individuals. The one whom they can suspect with a trained eye or someone who looks like a dubious person in appearance.
So, make sure that from the side you do not resemble a face from a police orientation. Try to look like a trustworthy, successful and self-confident citizen. And then, if the police stop you on the street, your communication will not be long and stressful.
Were you stopped by law enforcement officers? From the very first second, confident and calm communication should begin (at least on your part). Yes, police officers, unfortunately, do not always act according to the protocol. But if you are not guilty of anything, did not violate anything and went about your business, you need to show it to them.
What not to do when talking to the police
- Get nervous. These people are very good physiognomists, they are your nervousness. Further, the logic is simple: being nervous means hiding something. Need to be safe. And now - you are already in the department.
- Provoke. Any provocations on your part will be regarded by the police not in your favor. A simple example: to a legitimate request to show a passport, you proudly answer that you are not obliged to carry the document with you. “And in general, sergeant, show me your ID in expanded form!” - most likely, after such conversations, you will spend the night in the "monkey" of the police station - until your identity is established. So why did you have to behave like that?
- Touch the police with your hands. Especially if you fight them. They are on duty, and all your attempts, for example, to wrest your passport from the hands of a policeman, will be regarded by him as an attack. It may not actually be the case, but you may have problems.
How to communicate properly with the police
- Behave calmly and - the key word - confidently. You are sober, adequate, not guilty, not involved and do not carry anything forbidden with you. You know this, and your forced interlocutor must understand this. Listen carefully to the police officer's questions, watching for provocative and manipulative messages (this is his job). Answer questions tactfully and as accurately as possible. Follow the lawful requests of the police.
- If a police officer violates the procedure for communicating with you, offers to go with him, and so on - confidently and politely inquire about the reason for your detention, the grounds for it. Here it is already possible in the correct form to ask the policeman to present his official ID. But it should be your request, not a demand. If the guardian of the law insists, you will have to ride with him, but it is worth mentioning that you consider your detention illegal, and write about it in the application. If possible - call your acquaintances and friends, parents, lawyer - say that you were detained by such and such a police officer in a company car with such and such license plates and he is taking you to the local office.
- Most likely, things simply will not come to the above troubles if you behave according to the instructions. There are several reasons for this: after all, the police, although it is a punitive body, is called upon to protect citizens and it makes no sense to terrorize law-abiding people without a reason. In addition, if you really do not have weapons, drugs and other violations of the law, the police will have to let you go. And if you are also confident in yourself, you know that you can write a statement about illegal detention, are ready to appeal against the actions of the police and call a lawyer, then even unscrupulous police officers really find it easier to find a defenseless “victim”.
So, if you are an untidy "citizen of the world" with a bottle of beer, cartridge cases from hand-rolled cigarettes in your pocket, wandering around Khimki at night without a passport, the valiant police will surely warm you in a warm room with bare walls at least until the morning. If you also start downloading the rights, you will get bonus troubles. Well, if you are confident in yourself, know your rights, know who to call on occasion, are decently dressed and communicate smoothly - you are simply not their client.
- Do not say anything to the police or the investigator without your lawyer
- Checking documents on the street.
- Don't touch the police officer
- Don't sign anything
- Don't show your pockets, don't open your bag or car trunk
- Do not be nervous
- Do not be rude to employees and do not provoke them to a conflict
- Don't touch anything
- Importance of the first 3 hours
- Delayed for 48 hours
This is the most important rule. Article 51 of the Constitution of the Russian Federation states - "No one is obliged to testify against himself, his spouse and close relatives." Any of your words will be interpreted not in your favor. It is not the job of a police officer to help you or protect you. Just like the investigator has no task to justify you. Their job is to carry out the plan for arrests and charges. Therefore, first of all - call your lawyer!
If you are asked for documents on the street for verification, be sure to specify the reason. If you have been told that you look like a criminal, ask for an orientation. Be sure to write down the details of the policeman who stopped you, as well as the data from the badge. Tell this information to your relatives, and preferably to your lawyer or lawyer. If you think that a police officer is violating your rights, call 112 or the helpline of the duty unit of the Ministry of Internal Affairs. Tell the policeman that in case of violations on his part, you will write a complaint to his leadership and to the prosecutor's office.
Never touch or touch a police officer. Any touch can be a reason for initiating a criminal case under Article 318 of the Criminal Code of the Russian Federation.
Remember this rule, do not sign anything without your attorney or lawyer. It may seem to you that there is nothing terrible in the document that you are given. But believe me, they select phrases in such a way as to put everything in their favor.
The policeman cannot without reason ask you to show your personal belongings, as this will be a search. Any such event must be recorded on a video camera in the presence of 2 witnesses. Inform that you will complain to the prosecutor's office about the actions of the employee. An inspection protocol must also be drawn up, one copy of which you take for yourself.
If you behave nervously, you can lose control and composure and make the mistakes that are described above. If you are not sure that you will do everything right, call your lawyer, let him come and advise you on the phone at the same time. You can hand the phone to the police. The lawyer will give his details and ID number and say that he will arrive in a few minutes. If the policeman stopped you just like that, then most likely he will immediately let you go so that he does not have unnecessary problems.
Communicate politely, address on "you". If you behave aggressively from the very beginning, this may be the reason for an additional check at the police station. If you find that polite communication is not working, tell employees that you are calling your lawyer and helpline.
Also, do not touch any items that a police officer or an employee of the National Guard gives you (these can be documents, packages, and so on). Any of your fingerprints on any object can bring a problem in the future.
If there are no grounds for your detention, then you should be released from the police station after 3 hours (if you were taken there). But remember that this is the most dangerous time for you, and the best for a policeman or an investigator. You will be in a very vulnerable position, psychological pressure will be exerted on you.
Do not give any evidence, refer all the time to article 51 of the Constitution (this is called sitting on the fifty-first). Request a call to relatives. Remember also that it is a successful conversation that counts as a call. If no one picks up the phone, then this is not considered an attempt.
If you are suspected of committing a criminal offense, then only the next of kin (parents, children, spouse, grandparents) can call. And remember that it will be possible to communicate only in Russian. Also remember that the conversation will not last long, so do not explain the situation too much. Just say that you were detained and taken to the department (give the number of the department). Ask them to contact your lawyer.
If you are suspected of a criminal offense, then detention can last up to 48 hours.