Detention by law enforcement agencies – what to do when detained?

Any citizen of Ukraine, regardless of social status, article, etc. not immune from arrest by law enforcement agencies. What to do in case of detention? Lawyers Prykhodko and Partners will talk about this in this article.

Legislative framework of the issue

Unfortunately, the phenomenon of illegal detention is very common in Ukraine. Far from always, law enforcement agencies protect the rights and freedoms of citizens, and in some cases they even violate them. In order to act correctly during detention, you should know not only your rights, but also the duties of law enforcement officials.

When detained, the most important point that you should take into account: you can be considered detained from the moment when you cannot leave a certain place on your own.

In accordance with Article 208 of the Criminal Procedure Code of Ukraine, detention by law enforcement agencies without a court order or an investigating judge can only take place in the following cases:

• The detained person was caught directly during the commission of a criminal offense.
• There are witnesses of the committed crime or victims who prove the guilt of the detainee.
• There are elements on the detainee's body or clothes that indicate that the crime was committed by him.
• There is reasonable evidence that the suspect intends to flee to avoid criminal responsibility.

In other cases, detention by law enforcement agencies is carried out only on the basis of a judge's decision.

Thus, law enforcement officials have the right to prompt detention. That is, detention "on hot pursuit". If some time has already passed after the crime was committed, the law enforcement officers do not have the right to detain a person without an appropriate court decision.

The rights of a suspect in committing a crime during detention

A suspect of a criminal offense during detention has the following rights:

1. Do not testify against yourself or your loved ones/relatives.
2. Demand a judicial review of the legality of the detention.
3. Submission of evidence, motions and objections.
4. Refusal to testify and answer questions.

In addition, the detainee has the right to protection. When detained, it is very important to enlist the support of professional lawyers. The involvement of lawyers Prykhodko and Partners will allow defending the rights of the suspect at all stages of pre-trial and court proceedings.

Assistance of professional lawyers during detention

Thus, in order to protect your interests during detention, you must know your rights. However, it is not always possible to assess the situation in a timely and objective manner and fully defend one's interests.

That is why it is best to use the help of professional lawyers Prykhodko and Partners. We will be able to provide a legal assessment of the committed crime, protect the interests and rights of the detainee. In addition, we will monitor compliance by representatives of law enforcement agencies with the legal procedure of detention. If the detention is illegal, we can easily appeal it.

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