Administrative detention is always unpleasant.Should we fear it?In principle, no?Is it worth it to go to the police every time insists on a police officer?No.The fact that administrative detention may be made only for:
- the identity of the person who committed the offense;
- suppression of the offense (administrative);
- the protocol if there is no way to design it on the spot.
Police officers may draw up reports only those administrative offenses, which are set out in the Code of Administrative Offences.A police officer should explain to the offender (or the detainee) that the purpose for which wants to take him to the office.
brought to the police station to be produced in a short time.All actions should be recorded.
Administrative detention - a short-term restriction of freedom possible in certain cases.At the request of the detainee, his relatives should be immediately notified about the incident.It is also possible warnings and counsel.Citizens have the right to refuse to testify, did not arrive until their defender.The detainee shall be read his rights.It is also recorded in the minutes.
The protocol of administrative detention should be information about the place, the causes, the person produces the arrest.Time detention - this time brought to the office.
Administrative detention, a period which under normal circumstances may not exceed three hours, in the cases specified in the law, and can last longer.Such cases include violations of customs regulations, the state border, and so on.Also, the period may be extended in the absence of the possibility to establish the identity.
In some cases, administrative detention can last up to fifteen days.It is about hooliganism and so on.A curious fact is that the period of detention being in alcoholic intoxication a person begins at the moment when a person is sober.Of course, this period is very difficult to establish.Similar provisions police speculate very often.
With this arrest possible personal inspection.Regulations, it shall be as follows:
- the presence of two witnesses;
- the room in which the inspection is carried out, should be clean and comply with sanitation and hygiene;
- inspection shall be carried out only by persons of the same sex as the detainee;
- before the inspection of authorized persons must be present to offer voluntarily hidden items.
Inspection without witnesses is possible only in cases where there is reason to believe that the arrested person is carrying a weapon, explosives and so on.
produced record of the inspection shall be recorded in the minutes.
documents, as well as things that are an instrument of crime confiscated during the personal search.Everything else should be left at delayed.All seized and found things a person entered in the protocol.They shall be described in detail.Protocol is signed by a person of his composition, witnesses, as well as those who have these things and documents were seized.The latter should be given a copy of the protocol.Administrative detention, as well as the inspection of things, personal searches, seizure of documents and things can always appeal.The complaint filed with a superior authority.It is possible, and an appeal in court.
after receipt of a copy of the decision the complaint is filed within ten days.Recovery time possible, but only under certain circumstances.Administrative detention appeal is easy, but it will be necessary to prove that it is made with violation of certain rules.
