Lawyer under Article 371 of the Criminal Code – Known illegal detention, summons, arrest or detention

Today, detention is one of the most common ways of abusing the rights of every person. Quite often, representatives of law enforcement agencies cross the line of the Law, which is defined by the current Criminal Procedure Law. The main thing that they violate is the right to inviolability of every person and inalienable freedom. In this article, we will talk about the composition of the crime and responsibility under Article 371 of the Criminal Code. This article is based on the following actions: illegal detention, summons, arrest or detention. If you or your loved ones need a lawyer under this article, the specialists of our Prykhodko and Partners law office are ready to help you with this.

Is it possible to consider the actions of TCC representatives under Article 371 of the Criminal Code?

Current legislation stipulates that military service and mobilization must be carried out in accordance with current regulations. However, very often there are situations when representatives of the TCC illegally detain men of mobilization age on the streets. After that, they are delivered to the TCC and forced to pass the VLC, signing the relevant documents.

To begin with, let's clarify whether they have the right to this. Detention on the street can be carried out by law enforcement officers only under the conditions when the man has already received a summons and has not appeared at the TCC. At the same time, the representatives of the TCC already had to draw up documents regarding the violation of the current legislation on mobilization and military registration (we are talking about Article 210 of the Code of Administrative Offenses), sending a corresponding request to the police. That is, detention is carried out only in the presence of materials that confirm that the person committed the above-mentioned administrative offense. They do not have the right to detain without a demand.

If they try to detain you, do not comply with this illegal order, do not agree to go to the police or TCC if you do not have the necessary documents. If you are still detained, the first thing to do is to call the police. It is also necessary to enlist the support of a lawyer. The lawyer will demand the registration of a statement about the commission of a crime under Article 371 of the Criminal Code. This application must be submitted to the EDPR. After the applicant receives the extract, the stage of pre-trial investigation begins.

Thus, it is worth remembering that the Constitution of Ukraine guarantees basic rights for every citizen even under martial law, namely: the ban on limiting the rights to personal integrity and freedom (Article 29 of the Criminal Code).

What liability is provided for under Article 371 of the Criminal Code?

The degree of responsibility under Article 371 of the Criminal Code depends on the committed criminal acts:

• Illegal pretext or legal detention - restriction of freedom for a period of up to 3 years, prohibition of certain activities.
• Illegal detention or illegal house arrest - restriction of freedom for up to 5 years.
• Taking actions under Article 371 of the Criminal Code, which led to serious consequences - imprisonment for a term of up to 10 years.

Assistance of a lawyer under Article 371 of the Criminal Code

If actions related to illegal detention, prosecution, arrest or detention have been committed against you or your loved ones, you should follow the following algorithm of actions:

• Notify about the fact of detention of relatives.
• Enlist the support of professional lawyers.
• Do not sign any documents until the lawyer arrives.

The lawyers of our law firm Prykhodko and Partners protect the interests and legal rights of each of our clients. We provide highly qualified assistance 24/7 in offline and online modes. Our lawyers will do everything possible to comply with the basics of current legislation.

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