To remember or to save · Criminal defense · Krasnodar

If you or a relative have been detained

what to do:

The first hours after detention

Don’t panic. Focus on your actions. It is important.

If you have been detained

1. State your name - and nothing more. You are not obliged to testify against yourself, your spouse, or your close relatives (Article 51 of the Constitution of the Russian Federation). Refusing to give an explanation before a lawyer arrives is your legal right, not an “aggravating circumstance.” Do not give in to pressure.
2. Demand the presence of your lawyer. The right to the assistance of a criminal defense attorney is valid from the moment of actual detention (Part 2 of Article 48 of the Constitution of the Russian Federation; Paragraph 3, Part 3 of Article 49 of the Criminal Procedure Code of the Russian Federation), and not from the moment when it is offered to you. Do not agree to the assistance of the attorney appointed by the investigator if you intend to invite your own defense attorney - state this orally and in writing. If the appointed attorney has already arrived and entered the case, inform him that you already have a defense attorney - a lawyer by agreement. Do not give any testimony.
3. Do not sign without reading. Read each document in full and very carefully. Your fate may depend on it. If you disagree with what is written, write so in the comments section. Cross out empty lines.
4. Call relatives as soon as the law allows. Remember: no later than 3 hours after being taken to the police station or to an investigator, you have the right to call your family to inform them of your whereabouts (Part 1 of Article 96 of the Criminal Procedure Code of the Russian Federation).
5. Remember who detained you and when. Record the actual time of detention, the position, and the surnames of the employees. All deadlines are calculated from the exact time.

Denis V. Ignatichev

Criminal defense lawyer · +7 988 243-52-52
advokatignatichev.ru

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For a relative

If your relative has been detained

1. Find out where the person is being held. These could be a police station, a temporary detention facility, or a special detention center for persons subjected to administrative arrest. Call these facilities. Write down: the name and address, and who told you what.
2. Call a lawyer immediately. Until the first interrogation. It is important! It is precisely in the first hours that explanations and confessions emerge, which are then almost impossible to challenge. If an opportunity arises, inform your loved one that they should not give testimony without their own lawyer. The law grants 5 days to invite a lawyer: if the invited defense attorney fails to appear within this period, which is calculated from the date the request to invite a defense attorney is filed, the interrogating officer or investigator has the right to suggest that the suspect (accused) invite another defense attorney; if they refuse, measures must be taken to appoint a defense attorney (Part 3, Article 50 of the Criminal Procedure Code of the Russian Federation).
3. Do not discuss the case by phone. Limit phone conversations to organizational issues: where the person is, when a meeting is possible and what should be delivered.
4. Collect documents. Passport details and any papers connected with the situation are useful for the lawyer from the first contact.
5. Do not sign or explain anything for the detained person. Statements given without strategy can create additional procedural risks.

Key time limits

1. 0 hours: Actual detention. The right to legal counsel arises immediately, not only after arrival at the station.(Constitution Art. 48(2); Criminal Procedure Code Art. 49(3)(3))
2. up to 3 hours: The detention record is prepared and rights are explained. Within the same period the detainee may contact relatives.(Criminal Procedure Code Art. 92(1), 96(1))
3. up to 24 hours: The suspect must be interrogated.(Criminal Procedure Code Art. 46(2))
4. up to 48 hours: Maximum detention without a court order: release or a court hearing on preventive measures.(Constitution Art. 22(2); Criminal Procedure Code Art. 94)
5. up to 120 hours: Maximum duration if detention is extended by the court for up to 72 additional hours to present further evidence.(Criminal Procedure Code Art. 108(7)(3))

This memo is for reference and does not replace legal advice on a specific case. Lawyer's phone: +7 988 243-52-52 · advokatignatichev.ru