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REFRESHER FOR A DETAINEE

A human being,his rights and liberties are supreme value. Acknowledgement,maintenance and protection of rights and liberties of man and citizen is a duty of a state(article 2 of Russian Federation Constitution)

According to article 21 of RF constitution, article 5 of Federal law М About militiaН, nobody must be tortured, undergone violence,any other cruel or debasing treatment or punishment.

Intentional causing of grave,medium and slight harm to health,blows,tormenting and threat of homicide or causing of grave harm to health are criminally punishable acts  (articles 115, 116, 117, 119 of RF criminal code).

Detained should know:

1. If there was not a measure of restraint as arrest concerning an alleged men or court did not adjudicate to delay decision taking(not more than 72 hours) the alleged must be set free during 48 hours since the time he had been arrested. According to an article 10 of RF code of criminal procedure Мnobody must be arrested on suspicion in making crime or arrested without causes required by lawН.

2. Item 2 of article 14 of RF code of criminal procedure says: МAn alleged or defendant must not prove his innocence. Burden of proving a charge and disproving defences is on the party of accusationН.

3. а) During arresting for criminal offence: investigator or public prosecutor within 12 hours since the time of arrest of alleged man,must inform some of his close relatives and if they are absent then he must inform other his relatives or must afford ground for alleged man to inform Н (article 96 of RF code of criminal procedure).
б) During asserting for administrative violation,an alleged man has a right to inform his relatives about arrest immediatelyН (article 27.3 of KoAP).

4. An investigator must explain to an alleged man his rights and provide a chance of defence (article 11 of code of RF criminal procedure).

An alleged man has rights:

1.To have a possibility to use advocatory services or syndic since arresting (article 48 costittvino, article 25.5 KoAP, article 46 RF code of criminal procedure).

2. To have a possibility to learn a reason of arrest and status (article 46 RF code of criminal procedure).

3. To have a possibility to inspect case papers (articles 25.1, 28.2 KoAP, article 46 RF code of criminal procedure).

4. To have a possibility to get a copy of a record of administhauite violation immediately (article 28.2 KoAP), a copy of a record of arrest or copy of injunction of a measure of restraint (item 1 part 4 article 46 RF code of criminal procedure).

5. To have a possibility to change with his own hand in a record when disagreeable (article 28.2 KoAP, item 8 part 4 article 46 RF code of criminal procedure).

6. To have a possibility to refuse giving self-incrimination or helpmate and close relatives (article 51 RF constitution, part 4 article 5 RF code of criminal procedure).

7. To have a possibility to appeal against any actions of the officiary as well as arrest itself to higher instance,court or procuracy (article 123 RF code of criminal procedure).