Concept, goals and tactics of detention. Types of detention

Procedural regulation of detention

The procedural law defines detention as a measure of procedural coercion applied by the body of inquiry, inquiry officer, or investigator for a period of no more than 48 hours from the moment of actual detention of a person on suspicion of committing a crime (Article 5 of the Code of Criminal Procedure). In defining this term, the legislator took the path of describing the procedure for application, rather than disclosing its content.

Optimally defines the concept of detention by I.A. Retyunskikh, including in it both the very capture of a suspected person and his further isolation. So, taking as a basis the definition of Retyunskikh I.A., detention can be characterized as the capture of a suspected person carried out in the presence of grounds and conditions provided for by law, his delivery to the competent authorities, procedural registration, as well as his forced isolation carried out for the purposes established by law.

The legislator identifies four groups of grounds on which a person can be detained:

1) when this person is caught committing a crime or immediately after its commission. Such detention is called red-handed detention. Law enforcement officers must personally observe actions or part of actions that indicate the fact that a person has committed a crime, and be aware of their criminal nature. It seems that on this basis a person can also be detained while preparing or at the time of an attempt to commit a crime. If the person manages to escape, then the arrest is made on other grounds;

2) when victims or eyewitnesses point to this person as having committed a crime. Such information is obtained from a victim or witness who directly perceived the crime event and realized that they saw a crime and not another act. In our opinion, it is impossible to carry out a detention on this basis if a citizen points out the criminal from the words of other persons, without directly observing the crime event. Eyewitnesses or victims may not have complete information about the criminal, but they must describe his appearance and special features. The testimony of these persons must with a sufficient degree of certainty characterize the detainee as the person who committed the crime;

3) when obvious traces of a crime are found on this person or his clothing, on him or in his home. According to the definition given by V.Yu. Melnikov, obvious traces of a crime should be understood as “the obviousness of the fact that these are traces left by a suspected person in connection with the commission of criminal acts, as well as their visibility (for the body of inquiry, interrogator, investigator or prosecutor) and the relationship between a specific person and the crime event . Such traces can be material traces left by individual objects, various substances on the face and clothing of the suspect. Those discovered using technical means should also be considered clear traces of a crime.” Many scientists emphasize that such a detention is possible only after the initiation of a criminal case, since in order to detect the mentioned traces it is necessary to carry out an examination, inspection of clothing, a personal search or a search of the premises. This is true, but it is also possible that traces similar to blood are clearly visible on the criminal’s clothing;

4) if there are other data giving grounds to suspect a person of committing a crime. On this basis, a person can be detained if he tried to escape, or does not have a permanent place of residence, or his identity has not been established, or if the investigator, with the consent of the head of the investigative body, or the inquirer, with the consent of the prosecutor, sent a petition to the court to impose a measure against the specified person suppression in the form of detention.

The law does not specify the concept of “other data”. In each specific case, the conditions of detention on this basis can appear either individually or in combination. These additional terms are important because, in practice, these other data may be subject to broad interpretation. In our opinion, a person may be detained on this basis if:

• information about a person’s involvement in a crime was obtained during previous investigative actions;
• the data was obtained as a result of operational investigative activities;
• based on the results of documentary checks and audits, the person’s involvement in theft was revealed;
• the data was obtained during a preliminary check of a crime report;
• the person tried to hide traces of the crime;
• the person was identified through a check using forensic and operational reference records;
• video recording of control and alarm systems recorded a person during the commission of a crime or immediately after it;
• when, based on the results of the use of a search dog, there is reason to believe that the person is involved in a crime.

Suspect Detention

The choice of a measure of procedural coercion and the choice of its type is a right, and not an obligation, of persons conducting legal proceedings. The law establishes that the relevant official has the right to detain a person on suspicion of committing a crime if the conditions and grounds established by law are present. A right turns into an obligation only when motives appear that determine the need for detention in a given particular case.

The reasons for detention may be:

1. suppression of a criminal act;
2. preventing the commission of new crimes;
3. deprivation of the opportunity to hide, destroy evidence or otherwise interfere with the establishment of the circumstances of a criminal case;
4. establishing the involvement (non-involvement) of the detainee in the commission of a crime;
5. timely resolution of the issue of choosing a preventive measure in relation to the detainee in the form of detention.

The use of detention as a means of obtaining a confession of guilt in committing a crime from a suspect is prohibited.

Duration of detention

According to Art. 94 of the Code of Criminal Procedure of the Russian Federation, the period of detention cannot exceed 48 hours before the court decision on the use by the judge of a preventive measure in the form of detention or extension of the period of detention in accordance with paragraph 3 of part 7 of Art. 108 Code of Criminal Procedure.

In accordance with Part 3 of Art. 128 of the Code of Criminal Procedure for detention, the period is calculated from the moment of actual detention , i.e. the moment of actual deprivation of freedom of movement of a person suspected of committing a crime, carried out in the manner established by the Code of Criminal Procedure (clause 15 of Article 5 of the Code of Criminal Procedure).

The importance of clearly defining the moment of actual detention is not only that its presence is associated with the beginning of the 48-hour period of detention, but also that, due to the constitutional and legal position formulated by the Constitutional Court of the Russian Federation, from this moment the detainee has the right to use services defender and to exercise the rights provided for in Art. 46 Code of Criminal Procedure. At the time of the actual detention of a person suspected of committing a crime, he must be explained the right to have a defense lawyer (clause 3, part 4, article 46 of the Code of Criminal Procedure).

All periods of criminal procedural detention, with the exception of the period for drawing up a detention protocol, are calculated from the moment of actual detention. To correctly calculate the time limit, it is necessary to take into account the day, hour and minute of actual detention.

The Code of Criminal Procedure regulates in detail the procedure for detaining a suspect, which is an important guarantee of the legality and validity of the detention and ensuring the rights of the detainee.

A person is considered a suspect from the moment of his actual arrest.

The law does not regulate the period during which a person must be brought to the inquiry body or to the investigator. It seems that the geographical features and transport infrastructure of Russia do not allow us to set any pretrial period for this action. But despite this, a person detained on suspicion of committing a crime must be brought to the inquiry agency or to the investigator within a reasonable time, but not more than 48 hours. The expiration of the 48-hour period is grounds for the release of the suspect (Part 2 of Article 94 of the Code of Criminal Procedure).

After the suspect is brought to the body of inquiry or to the investigator, a detention report must be drawn up within no more than three hours (Part 1 of Article 92 of the Code of Criminal Procedure). During this time, the necessary data about the detainee must be collected (his identity has been established, etc.) and information about the grounds for detention must be compiled (if they have not been formalized previously, for example, in the case of a person being detained while committing a crime).

The arrest report indicates both the date and time of drawing up the report, as well as the date, time, calculated in hours and minutes, the place, grounds and motives for the actual detention of the suspect, the results of his personal search and other circumstances (Part 2 of Article 92 of the Code of Criminal Procedure). Within the meaning of this criminal procedural norm, other circumstances of the detention of a suspect should be understood, in particular, information about the use of physical force, special means, about the provision of medical assistance to the detainee, about the presence of any bodily injuries, and the like. The arrest report must indicate all such circumstances that occurred. The protocol makes a note about explaining to the suspect his rights. The protocol is signed by the suspect and the person who compiled it.

Detention carried out after and without preliminary preparation

In the most general form, two situations of detention can be distinguished: with or without preliminary preparation.

The importance of the most complete and correct preparation for this procedural action is undeniable. Organizational and preparatory measures are intended to practice and optimize the actions of the detainees during the seizure.

They include:

• personality study;
• selection and study of the place of detention;
• choice of time and methods of detention;
• carrying out necessary measures at the place of detention;
• group formation;
• selection of technical means;
• planning;
• briefing of participants and, if possible, rehearsal activities.

During the study of the personality of the criminal, information is collected about the crime he committed, actions during and after the crime, the number of criminals, the degree of audacity and danger of the criminal act, and the presence of weapons. If the criminal is familiar with the victim or witnesses, his passport details are found out. Information is also being clarified whether the criminals called each other by names or nicknames during the crime committed, or whether they mentioned other accomplices or organizers of the crime. The criminal is identified using photo files. After determining the identity of the criminal, it becomes very important to clarify the information from various forensic and operational records. The facts of his previous crimes and resistance to police officers are revealed (especially attention is paid to armed resistance).

Collection of information about the detainee can be carried out by visual observation of his actions, hiding places (using binoculars, night vision devices, etc.); listening to telephone and other conversations carried out by operational and technical services; encrypted surveys of officials, relatives, acquaintances and other citizens; use of operational-search and forensic records; attracting secret employees. In addition, the necessary information can be obtained in the course of procedural actions, operational investigative activities, analysis of criminal case materials, archival criminal cases, search warrants, non-procedural data of local police inspectors, operational officers working on the ground, informants, agents embedded in criminal group.

The choice of the place of detention and its preliminary study are carried out to reduce the tactical risk for LEA employees. The place of detention must be as safe as possible for the officers carrying out the detention and surrounding persons; should provide the possibility of using special and technical means during the operation; provide employees with the opportunity to monitor (visual and auditory) the actions of criminals. A thorough consideration of both the advantages and disadvantages of the chosen location is necessary.

A preliminary study of the situation at the proposed place of detention is carried out with the aim of its proper organization: the possibility of free orientation on the spot, planning the placement of participants in the detention, identifying preliminary observation points; development of traffic routes and parking areas for vehicles.

At the site of future detention, it is possible to carry out some organizational measures. Thus, in order to block possible escape routes for criminals, it is possible to begin false repair or excavation work on some roads under the guise of representatives of various public services, station POO officers near the place of detention, and secretly position cars with operational employees who will block the passage at a given signal.

Detention must be carried out in conditions that are most unfavorable for the criminal and most favorable for the detainees.

The time of detention is selected taking into account the possibility of ensuring the safety of the participants in the seizure and unauthorized citizens, the suddenness of the detention for criminals, and the possibility of capture with minimal resistance from the detainees.

The composition of the group is formed taking into account the number of criminals, the degree of their danger, weapons and the expected development of the situation during detention. In any case, the capture group must have a numerical advantage. The number of members of the capture group is recruited at the rate of 2-3 police officers per 1 criminal. It is advisable to separate the functional roles of the members of the capture group.

The material and technical equipment of the group is of great importance. The group's equipment includes weapons, special equipment, personal protective equipment, transport, means of surveillance, communication and speech amplification, recording the progress and results of the arrest, etc.

Detention planning is a complex mental activity of the subject of the investigation, based on an analysis of the investigative situation and available information, aimed at determining the most optimal ways to solve the problem of this event. The detention plan is drawn up by the person conducting the investigation of the case, with the active participation of operational workers. The detention plan includes:

• determination of the grounds, motives and conditions of detention;
• information about the detainee;
• development of an action program;
• selection of participants;
• defining the task of each participant;
• issues of interaction between participants in detention;
• time and place of detention;
• selection of necessary material and technical equipment;
• development of security and camouflage measures;
• organization of ambush and covert surveillance;
• the procedure and method of communication between the participants in the arrest;
• applied scientific and technical means;
• measures to neutralize opposition from detainees, accomplices and outsiders;
• the sequence and features of the production of other investigative actions and operational-search activities included in this tactical operation.

The plan should provide for several options for action by law enforcement officers depending on the development of the detention situation.

The final stage of preparation for detention is instruction. Briefing involves conveying information about various aspects of the planned detention to the participants of the capture team. The briefing should be brief but complete, specific and clear. The manager must ensure that the information presented and the tasks assigned are correctly understood and understood by everyone. It is also advisable to encourage the expression of personal thoughts and suggestions regarding the upcoming detention. After discussing the proposals, adjustments and additions may be made to the plan for holding this event.

Many scientists agree on the need for preliminary testing of group actions in conditions that are as similar as possible to real ones, or on a mock-up.

How to calculate time limits during detention

Despite the fact that detention as a coercive measure is used quite often and has strictly defined periods, the Code of Criminal Procedure of the Russian Federation still does not contain clear regulation of the moment from which the period of detention begins to be calculated. At the same time, the precise definition of this moment is essential, since the period of detention, provision of a conversation with a defense lawyer, interrogation, and so on is calculated in hours. Compliance with the period of detention is also necessary for subsequent criminal proceedings against a person, in particular, for detention. There is judicial practice, based on which the court refuses to impose this preventive measure if the terms of detention were violated (Determinations of the Oryol Regional Court No. 22-1571/2017, No. 22k-298/2018, No. 22k-631/2018).

Clause 15 of Article 5 of the Code of Criminal Procedure of the Russian Federation states that the moment of actual detention is the moment of actual deprivation of liberty of a person suspected of committing a crime. The legislation does not contain any clarification regarding what constitutes actual deprivation of liberty. There may be several options for the moment from which the period of detention is calculated: physical capture of a person by operational officers, delivery to an investigator, placement in a temporary detention center, and so on. The situation is further aggravated by the fact that this moment is in no way tied to the moment of drawing up the arrest report.

Most often, courts pay attention to the discrepancy between the moment of actual arrest and the moment of drawing up the arrest report. As the moment of actual detention, the courts point to conducting a personal search of a person and receiving explanations from him (appeal resolution of the Ivanovo Regional Court dated January 30, 2018 in case No. 22K-192/2018). Moreover, if within 2 days the proceedings to take a person into custody are not initiated, the person must automatically be released by the administration of the temporary detention center or the prosecutor (appeal resolution of the Supreme Court of the Republic of Dagestan dated 02.21.2018 No. 22K-320/2018).

This approach seems to be the most logical. Starting from the moment of actual capture, the person begins to experience all the restrictions that the status of a suspect implies. Consequently, rights in connection with detention must be granted to him from the moment of physical capture. This position is consistent with the ECHR ruling of July 16, 2015 in the case “Aleksey Borisov v. Russia” (complaint No. 12008/06).

The lack of proper legal regulation of the calculation of the period of detention gives rise to another problem: during the period of time between physical capture and the issuance of a detention protocol, a person does not have any procedural status. This problem is also important because only 22% of people brought to the police station are subject to a report. The rest are released due to the lack of grounds for detention.

During the period between the physical seizure and the issuance of the protocol, the person is not granted procedural rights. Accordingly, their explanation does not occur. Currently, this problem is partially solved by applying the rights of a suspect to such a person by analogy.

The way to solve this legislative problem is seen to be, firstly, to include in paragraph 15 of Article 5 of the Code of Criminal Procedure of the Russian Federation an explanation of what exactly is meant by actual detention - physical seizure of a person, and, secondly, to include in the norm, concerning the detention protocol (Part 2 of Article 92 of the Code of Criminal Procedure of the Russian Federation) the requirement to indicate the time of actual detention. These requirements already exist for the administrative detention of a person (Article 27.4 of the Administrative Code), in the Book of registration of persons brought to the duty station of the territorial body of the Ministry of Internal Affairs of Russia, in accordance with Order of the Ministry of Internal Affairs dated April 30, 2012 No. 389.

Tactical methods of detention

Detention without prior preparation is characterized by increased tactical risk. The need for such detention arises when law enforcement officers directly detect signs of a crime or the need to immediately respond to a report of a crime received from other sources, i.e. in a situation where there is a real opportunity to immediately capture the criminal, and delay will cause negative consequences. Law enforcement officers have virtually no time for the necessary preliminary preparation, development of a detention plan and rehearsal actions. The choice of a specific method of detention must be made either on the road or already at the place of detention, taking into account the current situation. The choice of detention tactics is based on the situation and location of the criminals. This situation of detention poses a great danger both for police officers and for strangers. When carrying out a seizure, surprise, decisive actions of the detainees, properly organized interaction, and ensuring the safety of others become of great importance. Therefore, police officers must be distinguished by high combat readiness, concentration, and operational thinking. Mastery of hand-to-hand combat skills, skillful use of weapons and special equipment is of great importance.

Detention without prior preparation in no way means the capture of a criminal immediately after his discovery. Even when pursuing a criminal “in hot pursuit,” if the development of the situation allows, it is advisable, before directly capturing the criminal, to establish surveillance over him and choose the most convenient and safe place and time of detention. Unjustified heroism can lead to casualties and enable the criminal to escape. Therefore, the employee who discovered the criminal(s) must first of all realistically assess his strength and, if necessary, call for reinforcements.

Specific tactical methods of detention are selected taking into account the current situation, the number of criminals, their weapons and the chosen place of detention.

Tactical methods of detention in public places after preliminary preparation differ from detention without preparation by greater technical equipment and more detailed awareness. A positive aspect when choosing this type of detention is the possibility of covert rapprochement with the criminal under the guise of passers-by. To divert the attention of the detainee, a loud scandal may be started between law enforcement officers in civilian clothes. A beautiful girl can also significantly weaken the attention of a male criminal. The negative aspects are the danger to random citizens and the limited use of weapons. In addition, the offender can make it appear that he was being unlawfully attacked. Therefore, it is advisable to carry out detention in a place with the least crowd of people or restrictions on the offender’s motor ability. When making an arrest, 2-3 officers secretly approach the criminal. It would also be tactically correct to assign an employee to observe from the side and provide backup.

The peculiarities of detention in open areas are the small number of bystanders and the possibility of using weapons and special equipment. However, approaching the detainee is possible using natural shelters: trees, terrain, etc. When detaining a criminal in a park, wooded area or field, it becomes necessary to detect his exact location, for which purpose the area is combed. A cordon or observation points are established around the territory to block the criminal's escape routes. The entire territory is divided into squares, which are distributed between operational groups. Combing begins at a predetermined signal. Communication between groups is carried out via radio. When combing the area, it is possible to involve citizens who know the area well. The use of service-search dogs is also necessary.

It is very difficult to detain a criminal on the premises. Conducting an arrest is complicated by the need to enter locked premises. Capture and blocking groups covertly move to their original positions. For cover, it is possible to use vehicles and uniforms of repair service workers. There are a large number of tactical techniques for entering a room. This includes entering the premises under the guise of utility workers, calling into the corridor with the help of people whom the criminal trusts, and using flash and sound grenades, entering the premises “on the shoulders” of an accomplice or an outsider, and forcefully entering the premises using special equipment. . It should be borne in mind that in any room there is a greater number of hiding places for a criminal than in open areas. Police officers need to foresee the possibility of a sudden attack on them by a criminal.

Let's take a closer look at several tactical techniques for entering a room, developed taking into account human psychology.

When entering the “live bait”, a person whom the criminal can trust is placed in front of the door peephole, and some motivated reason for his arrival is invented. The capture group must not reveal itself. When the criminal opens the door, entry occurs.

In the event of a “stranger” entry, a young, attractive employee is placed in front of the door. She comes up with an acceptable legend for the parish. After the doorbell rings, the employee calls the owner by name and reports some vague, vague reason for coming (for example, to talk about business). The appearance of a woman, combined with knowledge of the name of the owner of the house, usually does not cause suspicion, and there is a good chance that the door will still be opened.

The “barking” approach is carried out with a guard dog on a leash near the house, but you can also use other people’s animals. The group enters the entrance to the room. When someone comes out to look around while the dog is barking for a long time, he is detained.

When a criminal is detained at his place of work, it is possible, with the help of the organization’s management, to summon the criminal to the most convenient room for detention. However, the criminal must first be monitored, since instead of appearing when called, he may attempt to escape. The help of the detainee’s supervisor can be resorted to only when it is definitely known that he is not involved in the crime.

Tactical techniques for detaining a criminal in transport have a number of features. It is recommended to detain a criminal traveling in transport after stopping and getting out of the transport. In this case, surveillance will have to be carried out at strictly defined places for unloading passengers and luggage. Detaining a criminal arriving by train is complicated by the large space that needs to be monitored, i.e. requires the participation of a large task force. It is considered tactically correct to observe from three points: the “head” of the train, the “tail” and the center of the train.

It is also advisable to detain a criminal driving a car at a railway crossing with a closed barrier, on a previously blocked street.

When vehicles are moving, the amount of free space is minimal and there is a great danger to others. In addition, being detained in the cabin of an aircraft while in the air can lead to depressurization and an accident. If it is absolutely necessary to detain a suspect, the seizure should be carried out while minimizing the danger to bystanders: on an airplane - after the criminal is fastened to the seat; on the train and on water transport (in the compartment and cabin, respectively), taking empty seats by members of the capture group under the guise of random fellow travelers. If the specific location of the criminal on transport is unknown, the arrest should be made using the bypass method, disguised by the bypass, for example, by checking tickets or luggage.

When detaining criminals traveling in vehicles, it is very important to “lead” the criminals by pursuing them and blocking other traffic routes to a pre-prepared detention site. At the place of detention, special means of stopping transport (Ezh-M) are installed, or the road is blocked in some other way, firing points and the location of the capture group are determined, which makes it possible to control the actions of the criminal. After stopping the car with the criminals, using speech amplification devices, the command is given: “Get out of the car and lie down on the ground!” Even if the criminal offers resistance, a pre-selected and prepared place of detention, numerical and technical superiority, and the armament of law enforcement officers will make it possible to maintain control over the situation.

The use of the “ambush” tactical technique is of great benefit. The classic definition of an ambush is a hidden, sometimes disguised location of employees of a crime-fighting agency on the ground or in a room to detain all persons coming there.

The detention of an armed criminal or group of criminals is characterized by an increased level of danger both for others and for the detainees themselves. Therefore, in such a situation, the most important things are to carry out full and comprehensive preparation for detention, the correct choice of tactics and clearly organized interaction. When apprehending an armed criminal, it is very important to ensure the safety of bystanders and the capture team. The safety of citizens is ensured by preliminary blocking of the place of detention and preventing unauthorized persons from entering. To ensure the safety of detainees, they are issued automatic weapons (in some cases it is also necessary to have sniper weapons and equip weapons with devices for silent and flameless shooting, devices for shooting at night) and personal protective equipment: body armor, helmets, plastic shields. It is necessary to think over tactics to prevent the criminal from using weapons. To do this, it is possible to use techniques that distract the attention of the criminal. Approaching covertly, police officers must first block the criminal’s hands, deprive him of the ability to move and confiscate his weapon.

Group detention should be avoided whenever possible by separating criminals and simultaneously detaining them separately in different places. If group detention cannot be avoided, then the police officers during the arrest must have a significant numerical superiority and be well armed.

The legislator provided for the conduct of a personal search of the detainee only as a potential possibility. However, in our opinion, in some cases, depending on the development of the detention situation, a search is transformed from a potential opportunity into a real urgent need. First of all, there is a search for weapons and objects that can be used as weapons. It is recommended to carry out the search itself by laying the criminal on the ground, placing him at an angle or in another position that is inconvenient for the criminal. This will prevent the possibility of the detainee quickly starting active actions, escaping from the hands of operational officers, or otherwise resisting.

Concept, goals and tactics of detention. Types of detention

Detention is an urgent investigative action with the aim of capturing a person suspected of committing a crime, delivering him and placing him in a temporary detention center.

From a procedural point of view, the detention of a suspect differs from the detention, from the detention of a wanted accused or a prisoner who has escaped from prison.

The procedural basis for detention is the Federal Law of 1996 “On the detention of suspects and accused of committing crimes” and Chapter. 12 of the Code of Civil Procedure of the Russian Federation “Detention of a suspect.”

According to Art. 91 of the Code of Criminal Procedure of the Russian Federation, the body of inquiry, the inquirer, the investigator has the right to detain a person on suspicion of committing a crime for which a sentence of imprisonment may be imposed, if there is one of the following grounds:

1. when that person is caught committing a crime or immediately after committing it;
2. when victims or eyewitnesses point to this person as having committed a crime;
3. when obvious traces of a crime are found on this person or his clothing, on him or in his home.

If there is other information giving grounds to suspect a person of committing a crime, he may be detained if this person

• tried to hide, or
• does not have a permanent place of residence, or
• his identity has not been established, or
• if the investigator, with the consent of the head of the investigative body, or the investigator, with the consent of the prosecutor, sent a petition to the court to select a preventive measure in the form of detention in relation to the specified person.

Detention involves

1. carrying out direct capture;
2. seizure of weapons, incriminating items and documents;
3. drawing up a protocol;
4. ensuring the participation of a defense lawyer;
5. personal search and search of belongings, fingerprinting and photographing of the suspect.

Purposes of detention:

1. stop the attempt to hide from the inquiry, preliminary investigation and trial;
2. prevent attempts to interfere with establishing the truth in the case;
3. stop criminal activity;
4. find out the person's involvement in the crime.

Detention may precede arrest - taking into custody under a decree (ruling) on ​​a preventive measure.

Types of detention

Detention can be classified into types depending on:

1) the number of detained persons:

• single;
• group.

2) venues - in:

• apartment,
• office space,
• city ​​transport,
• train carriage,
• in a ship's cabin, in a public place, on the street, in an open area, etc.;

3) preparation time:

• with preliminary preparation;
• without it (hot on the heels);

4) presence of weapons:

• armed suspect;
• unarmed suspect, etc.

Detention tactics

Success in arrest is due to

1. the secrecy of preparation for it,
2. clear organization and
3. suddenness.

Participants in the arrest secretly approach the detainee and come into direct contact under the guise of passers-by asking a question, proposal, request, etc. Then follow

• sudden and decisive seizure,
• freedom of action is limited,
• attempts to resist, escape, or get rid of any objects or documents are blocked;
• measures to prevent attempted suicide;
• reliable isolation of the detainee from others and immediate placement in special transport.

The actions of the task force must be planned and carried out in such a way that unauthorized persons are not harmed and that the detainee cannot take a hostage.

It is much more difficult to detain a suspect indoors. The task of the capture group is to secretly penetrate there through entrances unknown to the detainee, attics or basements, balconies, or with the help of persons who do not arouse suspicion in the detainee and to whom he can open the door without knowing about the capture group. When a criminal refuses to open the door, then, given his mental stress and the possibility of impulsive actions, including the use of firearms, one should enter into negotiations with him and convince him of the meaninglessness of his position. If the negotiations do not achieve their goal, special chemical agents may be used, barriers are broken down and the group carries out a seizure.

Detention in a separate house (barn, etc.) or in an open area - in a field, forest, mountainous area, is carried out using an operational-tactical combination, which provides for a legendary approach to the detainee while blocking the paths of his possible escape. Sometimes it is necessary to set up special ambushes in a house or on the approaches to it, on the ground. The detention may be accompanied by a chase using a search dog.

When simultaneously detaining several persons located in different places, clear coordination of the actions of the capture teams is important. Information about a detention or about unexpected obstacles (absence of the detainee, escape, taking a hostage by the detainee, etc.) is immediately transmitted to the duty department of the internal affairs body, which coordinates the seizure in order to make timely adjustments to the actions of other groups.

As a rule, a person is subjected to a personal search at the place of arrest. If a thorough search is not possible in this situation, weapons and other means of attack, personal documents and items in the detainee’s clothing must be confiscated in any case.

A detention report is drawn up at the investigative agency (temporary detention center). The protocol reflects information about the identity of the detainee, his mental and physical condition, signs of alcohol or drug intoxication, his clothes, shoes, items that were with him or in his clothing, damage to the body and clothing. The protocol describes the circumstances of the arrest, the behavior of the detainee during this operation, notes his attempts to get rid of certain objects (throw away, swallow, destroy), escape, etc.

As a rule, before a detainee is placed in a cell, he must be interrogated. He is informed of the grounds for detention and his rights are explained. The detainee may be subjected to examination, his clothing may be inspected; Separate protocols are drawn up regarding these investigative actions.

The supervising prosecutor is notified in writing of the arrest no later than 24 hours. Family members or other persons close to the detainee are also informed about the arrest.

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Use of technical means during arrest

During detention, various technical means are used. When equipping the group, special equipment, transport, means of observation, communication and speech amplification, recording the progress and results of the arrest, etc. are provided.

Special means for arrest include handcuffs, rubber truncheons, means for opening locked premises, gas aerosols, devices for forcibly stopping vehicles, flash-noise and gas grenades.

When making an arrest, both general-purpose vehicles (cars or buses for transporting personnel, blocking escape routes, etc.) and special-purpose vehicles (ambulances, fire department vehicles, armored personnel carriers, etc.) can be used.

Surveillance equipment includes visual (binoculars, telescopes, night vision devices) and auditory surveillance devices (devices for collecting information from technical communication channels, listening devices, etc.).

Of course, it is necessary to ensure high-quality communication between the various participants in the capture team. For this purpose, the group is provided with standard, car and portable radios. In cases of particularly difficult detention situations, participants may also be provided with hidden portable radios with micro headsets. To conduct negotiations and carry out psychological influence, it is possible to use speech amplification devices: electric megaphones, car loud-speaking installations, etc.

The means of recording the arrest include, first of all, a video camera, sound recording equipment, etc.