15 days: what is administrative arrest for, laws, execution of punishment

A little about the main thing

So, why do they give 15 days of administrative arrest? When answering this question, it must be said that such a punishment is considered one of the most severe that exists in the Code of Administrative Offenses. It is prescribed only in exceptional cases.

For example, you can get fifteen days for using narcotic substances or for minor hooligan acts. In addition, administrative arrest, as one of the harsh penalties, is often applied to drivers who were driving while drunk, left the scene of a road accident, or refused to take a test for alcohol or psychotropic substances in their bodies. You definitely need to know about this.

For comparison

If we talk about administrative arrest as the most severe punishment in the Code of Administrative Offenses, then it is also necessary to add that the person is in captivity at this time (in a police temporary detention facility). Thus, this sanction can even be compared to imprisonment, which is imposed by the court on a person guilty of committing a crime.

After all, at its core, administrative arrest is temporary imprisonment in a specialized institution guarded by law enforcement officers without the right to release until a certain period. Not many people can withstand such punishment. Therefore, this sanction cannot be applied to pregnant women, persons under 18 years of age and mothers with children under 14 years of age. It’s hard to even imagine that teenagers could be in the same room with persistent violators of public order. Therefore, the law in this case establishes certain restrictions.

Under what conditions do persons who have committed an administrative offense serve their sentences (6 photos + text)

Nowadays, people can also be put in a cell for administrative offenses, however, the terms in these cases are usually short, and the conditions are completely different from the conditions of detention of prisoners in ordinary colonies. The Komsomolskaya Pravda correspondent decided to figure out what a correctional institution of this type is like, whose story awaits you below.

It all starts with the trial. Cases of administrative offenses - which may result in arrest - are processed quickly. Before one person had time to listen to the verdict, they were already leading the next “client”. Some people get caught for drunk driving, others for using spice. There are many possibilities.

Every year, about 5 thousand people pass through one Moscow special detention center alone. On average, 14 new prisoners are released per day.

I went to one of the special detention centers to see what kind of order there is now. Are the prisoners, as in “The Adventures of Shurik,” sent to a sand quarry or to clean the stables?

There are three special detention centers in the city. Typically, the offender is sent to a cell directly from the courtroom. No armored paddy wagons are used for this - the person is simply put into a police patrol car and driven to the place.

– The most “popular” period is 5 days. They give more or less less often,” the head of special detention center No. 2, Dmitry Sukhov, tells me.

Already on the spot, the prisoner hands over all personal belongings, money, phone, keys. They even force you to take the laces out of your shoes - what if the offender decides to do something to himself?

Sanctions for drivers

So, why do they give 15 days of arrest? In this case, only administrative punishment is meant. So, this mainly concerns offenses committed in the field of traffic. For example, a driver who gets behind the wheel of a vehicle while drunk and refuses to undergo a medical examination may be arrested for 15 days. The law says so. Moreover, the same punishment can be received by a person who gets behind the wheel of a car, having already been deprived of a driver’s license.

It is also necessary to add here that citizens who have committed an accident and left the scene of a road accident may also be subject to administrative arrest. All drivers should be aware of this.

But can they give 15 days of arrest for the fact that a citizen left the scene of an accident because he took the victim to the hospital, but then returned back before the traffic police arrived? In this case, there are no grounds for imposing this punishment. But only the judicial authority will deal with this issue, based on all the evidence and materials presented in the case.

Procedure for serving administrative arrest

Reception of administratively arrested persons in special detention centers is carried out around the clock. Offenders are taken to a special detention center by internal affairs officers.

Step 1. Preparing to serve your sentence

The list of things and objects that may be in the possession of a person serving a sentence of administrative arrest is established by Order of the Ministry of Internal Affairs No. 83 of February 10, 2014. These include:

• food products, with the exception of perishable ones and those requiring heat treatment;
• clothing in accordance with the season (it is not allowed to take or receive belts or suspenders);
• underwear;
• sports suit;
• personal hygiene products;
• shaving accessories;
• items necessary for the performance of religious rites;
• watch;
• bed sheets.

Step 2. We take the necessary documents and go to the place of serving the administrative arrest

When arriving at the special detention center, the offender must have with him:

• a court decision in a case of an administrative offense;
• passport or other identification document.

Upon admission, an employee of the institution checks the documents of the arriving person, interviews him, and checks the answers with the information contained in the documents.

Step 3. Procedure for placement in a special detention center for administrative detainees

Personal search and search of belongings

Upon admission to a special detention center, administratively arrested persons are subject to a personal search, and an employee of the institution also checks the things on the person admitted. The task of personal search and search of things is to identify and confiscate items whose presence in the special detention center is prohibited.

To conduct a personal search of the arrested person, a special detention center employee of the same gender is involved in the presence of the persons who identified the offender.

The results of the procedure are indicated in a special journal.

Medical examination

Persons entering the special detention center must undergo a medical examination, the objectives of which are:

• determine whether the arrested person has any bodily injuries;
• are there any signs of infectious diseases that require placement in a separate cell.

Reading out rights and responsibilities

An employee of the institution is obliged to familiarize offenders admitted to a special detention center with their rights and responsibilities while serving their sentence.

Administrative arrestees have the following rights enshrined in Article 7 No. 67-FZ:

1️⃣ Dates with close relatives and persons

While serving a sentence, an administratively arrested person has the right to a single meeting with a close relative or close person, lasting no more than an hour. During the meeting, a special detention center employee is present in the room.

2️⃣ Legal assistance

Persons subjected to administrative arrest have the right to receive qualified legal assistance.
While serving their sentence, they have the right to meetings with a lawyer for no more than two hours. However, the number of meetings is not limited. Unlike visits with relatives, meetings with a lawyer can take place in private, out of earshot of the detention center staff.

3️⃣ Appeals and correspondence

Persons serving a sentence of administrative arrest have the right to send appeals, letters and telegrams at their own expense.
All messages and responses to them are recorded in a special journal, which is kept by the staff of the special detention center. If the offender does not have money for postal items, they are sent by the administration of the institution at the expense of the funds allocated to him.

4️⃣ Food and supplies

Persons serving sentences in a special detention center have the right to be kept in conditions that meet the requirements of sanitary, hygienic and fire legislation.
While in an institution, persons have the right to:

• individual sleeping place;
• bed dress;
• dishes;
• cutlery;
• individual personal hygiene products (toilet paper, soap, toothbrush and toothpaste, disposable razors).

Also, those administratively arrested have the right to free food in accordance with the standards established by the Government of the Russian Federation.

5️⃣ Medical support

While serving their sentence, administratively arrested persons have the right to medical care, including treatment in a hospital setting and provision of medications if there are medical indications.

6️⃣ Other

In addition to the above, administratively arrested persons have the right to:

• personal safety;
• polite treatment;
• self-education;
• performance of religious rites, etc.

Duties and Responsibilities

The responsibilities of persons serving sentences in special detention centers are listed in Article 8 No. 67-FZ and are as follows:

• compliance with the conditions and procedure for serving the sentence;
• fulfilling the legal requirements of the institution’s employees;
• compliance with sanitary and hygienic requirements;
• compliance with fire safety rules;
• careful attitude to the property of the institution;
• not committing actions that violate the rights and freedoms of other persons, or threaten the life and health of both the arrested person and other persons.

Photographing persons subject to administrative arrest

Upon arrival at the special institution, the arrested persons are photographed (full face and right profile).

When taking photos:

• glasses and headwear are not allowed;
• the head is in a strictly vertical position;
• eyes open;
• hair does not cover ears.

The scale of the front and profile photos should be the same.

Accommodation of persons subject to administrative arrest

While serving their sentences, persons guilty of committing an offense are kept in locked cells (general or solitary) in conditions of isolation from society.

In this case, persons of the opposite sex are kept separately. Sick and healthy administrative detainees are also kept separately. If possible, smokers and non-smokers are separated.

Notifying relatives

Immediately after the person is admitted, an employee of the institution, by telephone indicated by the person admitted, informs the relatives about the place, start and end time of the administrative arrest.

Notification of relatives is made in a special journal.

Notification of the judge who issued the decision on administrative arrest

The administration of the institution notifies the judge about the place, beginning and end of serving the sentence of the administratively arrested person by fax.

The fact of notification is recorded in a special journal.

Step 4. Serving the sentence

While serving their sentence, administrative detainees must obey the daily routine established in the institution. A sample daily routine looks like this:

• from 6:00 to 8:00 - getting up, washing, cleaning the room;
• from 8:00 to 9:00 - breakfast;
• from 9:00 to 10:00 – morning inspection of the premises conducted by employees of the special institution;
• from 10:00 to 11:00 - transfer of written letters, telegrams for sending;
• in the period from 10:00 to 12:00, as well as from 19:00 to 21:00 - making phone calls;
• from 13:00 to 14:00 min - lunch;
• from 12:00 to 13:00 - walk;
• religious ceremonies - during the daytime;
• from 18:00 to 19:00 - dinner;
• from 21:00 to 22:00 - evening rounds of cells, preparing administratively arrested persons for bed;
• from 22:00 to 6:00 - sleep.

During the daytime, persons held in the institution are granted visits with relatives (up to an hour), as well as with a lawyer (up to 2 hours).

The administration of each special institution independently draws up a daily routine in accordance with local conditions, the duration of daylight hours, and the time of year.

Inspection of prisoners and their belongings: how often they do it, what they check

The frequency of personal searches of administratively arrested persons, as well as their belongings, has not been established. Such an inspection is mandatory upon admission of a person to an institution. In the future, the basis for conducting an inspection is the reason to believe that the person has prohibited things and objects.

An employee of the institution of the same gender as the offender is invited to conduct the search procedure.

Step 5. Termination and suspension of serving administrative arrest

Serving the sentence is suspended or terminated on the grounds established by law.

Ground 1. Expiration of the period of serving administrative arrest

Serving of an administrative punishment terminates upon expiration of the arrest period. If the sentence expires later than 23:00, the person may submit a written application to the administration of the institution to remain in the institution until 6:00 a.m. of the next day.

Ground 2: In the event of exceptional personal circumstances

Part 3 of Article 17 No. 67-FZ lists exceptional cases that are grounds for termination or suspension of serving a sentence. Such cases include:

• deterioration of health;
• death of a close relative or close person;
• an emergency situation that resulted in significant material damage to the administratively arrested person or his family;
• a medical certificate according to which a person has diseases, injuries or mutilations that do not allow him to serve his sentence.

Serving the sentence may be suspended for no more than 7 days . The period of suspension does not count towards the sentence.

The serving of the arrest is suspended or terminated based on the judge's decision.

Ground 3. Diseases that prevent serving a sentence

Persons suffering from the following diseases, the list of which was approved by the RF GD No. 1358 of December 12, 2014, cannot serve a sentence of isolation from society:

• contagious acute infectious diseases;
• malignant neoplasms, grade 4;
• diseases of the circulatory system with blood clotting disorders;
• complication of diabetes mellitus;
• diseases of the endocrine system, eating disorders, severe metabolic disorders;
• mental disorders, behavioral disorders in need of emergency medical care;
• epileptic disorders;
• severe diseases of the nervous system;
• blindness in both eyes;
• skin diseases in a severe stage;
• systemic connective tissue lesions;
• diseases and conditions that require emergency assistance;
• persons with group 1 disabilities.

The presence of a disease that prevents the serving of a sentence must be established during a medical examination in the institution, or confirmed by documents issued by the medical institution.

Obtaining a certificate indicating the time spent under administrative arrest and the grounds for release

After serving the administrative arrest, the released person is issued a certificate indicating:

• Full name of the person who served his sentence;
• period of arrest;
• place of serving the sentence;
• details of the court decision that served as the basis for placing the person in a specialized institution;
• grounds for release from special detention center;
• date and signature of the head of the institution or the duty officer.

The certificate form is approved by Order of the Ministry of Internal Affairs No. 83.

Sanctions for persons who have used drugs

In what cases is 15 days given? Here it is necessary to say that it is possible to receive this punishment for taking psychotropic substances without a doctor’s prescription. It should also be noted that currently in our legislation there are only administrative sanctions for such an offense. Thus, if a person simply used drugs himself and did not sell them to anyone or store them, then he will not face criminal punishment. You also need to know about this.

In order for police officers to determine whether a citizen is under the influence of any drug or not, the latter is taken for a medical examination. If an alleged violator refuses to undergo a certain test to determine the presence of prohibited substances in his body, then law enforcement officers have every reason to believe that he was using drugs. This is entered into the protocol by police officers. This document is submitted to the magistrate's court as evidence that the person was under the influence of prohibited substances at the time of arrest.

What to do if you were imprisoned for 10 days - the consequences of serving your sentence

Of course, the Ministry of Finance of the United Kingdom did not hesitate and immediately began to raise the discount rate. Initially it was 10 percent, but in just one day it was increased to 15%. In addition, the currency interventions themselves did not particularly improve the situation for the British. Even interventions from other EU banks did not help correct the position of the pound sterling.

The owner does not even have subsidiary liability here. Therefore, you will have to work at a higher level. In our case, this is the treasury, if the budget organization has not fulfilled the terms of the concluded agreement. If we are talking about the fact that there is a decision regarding compensation for any harm, then the Ministry of Finance comes into play.

Where do you have to serve?

Why do they give 15 days of administrative arrest? As it was written earlier, this punishment is imposed on people only for committing offenses provided for by the Code of Administrative Offenses. This is one of the toughest sanctions for administrative violations. People have to serve their sentences in a temporary detention center at the Ministry of Internal Affairs. As a rule, in small towns the temporary detention center is located right in the police basement. Moreover, violators for committing administrative offenses are kept in isolation from those detained on suspicion of committing crimes.

Some citizens are interested in the question of where they sit in Moscow for 15 days of administrative arrest? As already stated above, for this purpose, police departments have special temporary detention centers (abbreviated as IVS). Previously, this detention center had a different name - KPZ (pre-trial detention cell). Now the name has changed, but the purpose of such an institution remains the same.

In addition

So, in big cities, for example in Moscow, temporary detention centers (IVS) are located next to the police, and not in the basement of the Ministry of Internal Affairs. Special separate buildings are allocated for them. This is due to the fact that the number of people detained for committing administrative offenses or committing criminal atrocities here is much higher than in small provincial cities.

It is also necessary to say that people in temporary detention facilities cannot use communications, but have the right to receive food and bed linen. This is important to know. Therefore, there is no need to think that those detained there are starving; they are fed three times a day. Whenever possible, relatives bring them food from home.

Earning income from prostitution

This offense is an administrative offense and you can get a fine or arrest for up to 15 days (this is the maximum). People who receive income from the fact that women of easy virtue give them a large part of the proceeds are called pimps. It is the latter who risk being arrested and spending two weeks in a police temporary detention facility.

Therefore, when answering the question of why 15 days of imprisonment in a temporary detention center is given, we can say that the court assigns this punishment to those citizens who profit from the fact that other persons are engaged in prostitution. Such activities are prohibited by the law of our country.

Behind bars

You are allowed to have only what you need with you - personal hygiene items and toiletries. It is not forbidden to bring literature (books, magazines) into cells. Drivers, as a rule, are placed in a separate cell, away from drug addicts and other unreliable citizens.

If you do not agree with the court's decision, you will be given everything you need to write a complaint.

What can prisoners do?

If you find yourself in such a place, you can count on a “calm and measured life.” Lights out at ten in the evening, eight hours of sleep are allotted, and rise at six in the morning. Three meals a day. For obvious reasons, prisoners are not offered any delicacies. True, it is allowed to receive food parcels from friends or relatives - no more than 10 kg for the entire period.

In addition, you automatically become a not very trustworthy comrade from the point of view of the law. Any other offense and punishment will be very severe. You will definitely be remembered for your previous achievements. So be careful on the roads and don’t tempt fate.

The entire range of legal information for motorists is in thematic collections of publications “Behind the Wheel” (follow the link).

Source: www.zr.ru

Interesting

So, why can they get 15 days of arrest? Once again it is necessary to return to this issue. So, for violating public order, a citizen has a chance to end up in a temporary detention facility and stay there for 15 days. Unless, of course, the judicial authority considers it necessary to impose a fine on the person instead of temporary imprisonment in a detention center at the police department. You also need to know about this.

For example, for damaging someone else's property, you can receive a fine or go into captivity for 15 days. In addition, for obscene swearing in a public place, a magistrate may impose a similar punishment on a citizen.