Forensics. Detention tactics (most important)

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Forensics. Detention tactics (most important)

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60. DETENTION TACTICS

Arrest - a measure of procedural coercion, which consists in the physical capture of the suspect, delivery to the body of inquiry, to the investigator or prosecutor and placing him in a temporary detention facility for a period not exceeding 48 hours.

Purpose of detention - to check the involvement of a person in the commission of a crime.

Grounds for detention:

1) the person was caught while committing a crime or immediately after committing it;

2) when victims or eyewitnesses point to this person as having committed a crime;

3) if obvious traces of a crime are found on this person or on his clothes, with him or in his dwelling;

4) if there are other data giving grounds to suspect the person of committing a crime.

Detention conditions:

1) existence of an initiated criminal case;

2) commission of a crime for which a punishment in the form of imprisonment may be imposed.

Motives for detention are in fear that the suspect:

1) hides from an inquiry, preliminary investigation or court;

2) may threaten a witness, other participants in criminal proceedings, to destroy evidence;

3) may continue to engage in criminal activity.

Detention is divided into types depending on:

1) places of detention:

a) indoors

b) in an open area;

2) the number of detainees at the same time:

a) single;

b) group;

3) preparedness for detention:

a) after appropriate training;

b) without preparation;

4) the detainee's awareness of the detention:

a) suddenly for the detainee;

b) when he is ready to be detained;

5) time of detention:

a) simultaneously;

b) non-simultaneous.

During the arrest, surprise, safety of the participants in the arrest and surrounding people, vigilance, fixing the traces of the crime must be ensured.

Preparation for detention includes:

1) collection of information about the person to be detained;

2) selection and study of the place of the forthcoming detention;

3) preparation and briefing of the task force;

4) drawing up a detention plan;

5) development of individual elements of detention;

6) development of tactical operations.

Detention tactics:

1) preliminary observation of the suspect;

2) choice of place, time and conditions of detention;

3) suddenness of capture for detainees;

4) ensuring security not only for members of the detention group, but also for persons who accidentally find themselves at the place where the capture is being carried out;

5) reasonable use of means of coercive influence on the detainee;

6) personal search and seizure of weapons and countermeasures;

7 announcement to the suspect that he has been detained;

8 delivery of the detainee to the body of inquiry, to the investigator or prosecutor.

Not later than 3 hours from the moment of detention, a protocol must be drawn up in triplicate on a special form. Within 12 hours from the moment of detention, the investigator must notify the prosecutor about this in writing. The fact of resisting the detainee or his attempt to throw away any object of his is recorded in the protocol.

Authors: Aleinikov A.G., Salova E.E.

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