Detention of a foreigner

Detention is the first stage in the criminal process. At this stage you can take wrong and irreversible steps, which you could regret later.

Why? The answer is simple. Have you ever heard: “If you are detained refuse to testify”?

YES – the main evidence in the case is collected at this stage, which often determines further events.

Therefore, you should know the basic information about the institutions that have the right to detain.

Who can arrest a person?

In general, any citizen can detain, provided that he caught someone while committing an attack, or someone fled from the scene of an attack.

In practice, most of the detentions are carried out by the police.

When and who can detain?

According to Art. 244 § 1 of the Code of Criminal Procedure: “The police have the right to arrest a suspect, if there is a reasonable suspicion that he committed a crime or that is believed that without detention he could  flee or hide or hide the traces of a crime or could make impossible to identify his identity or there is reason to speed up the process against this person. ”

A suspect is a person who is reasonably believed to have committed a crime with.

It must be remembered that the suspicions of law enforcement agencies do not signify charges.

Only suspicions is not enough to deprive someone of his or her freedom! In order to use his detention powers, the police officer needs to have the grounds that the detained person can prevent the course of investigation in the case, for example to escape or influence witnesses.

Who else can detain?

We already know that mostly the police detain people. And can the employees of other institutions detain a person? Of course, yes:

  • Border guard;
  • Internal Security Agency;
  • National tax administration;
  • Central anti-corruption bureau;
  • Military police;
  • other institutions provided by special rules.

For sure, each of these institutions can arrest according to its department power.

Time of detention

The total time of detention may not exceed 72 hours. This time is divided into two shorter, impassable and independent periods.

First 48 hours

The first part of the detention is the moment when the suspect will be detained by the police. During this period, the detained must be brought to the court with the document of detention or release.

Next 24 hours

From this time on, the court has 24 hours to issue a detention order or release of the detained.

These are two independent terms.

Example

If the suspect was detained on Thursday at 17:15, the court has 24 hours – after 48 hours, that is, until Monday until 17:15.

The detainee has:

  • the right to have a defender and a meeting with him;
  • the right to know the reason and the grounds for his arrest;
  • the right to be heard;
  • the right to receive a copy of the detention report;
  • the right to testify or refuse to testify;
  • the right to notify a relative or other person of his whereabouts;
  • the right to notify the administration at the place of work / study;
  • the right to receive medical care;
  • the right to receive compensation in case of illegal detention.