Russian Federation

Criminal Procedural Code of the Russian Federation

Part One. General Provisions

Section III. Proof and Proving

Chapter 12. Detention of the Suspect

Article 91. Grounds for the Detention of the Suspect

1. The body of inquiry (inquest), the inquirer, the investigator or the prosecutor shall have the right to detain the person on suspicion of committing a crime, for which may be administered the punishment in the form of the deprivation of freedom, if one of the following grounds exists:
1) this person is caught red-handed when committing the crime, or immediately after
committing it;
2) the victims or the witnesses point to the given person as the perpetrator of the crime;
3) on this person or in his clothes, near him or in his dwelling undoubted traces of the crime are found.

2. If there exist other data, providing grounds for suspecting the person of the perpetration of the crime, he may be detained if he has made an attempt to flee, or if he does not have a permanent place of residence, or if his person has not been identified, or if the public prosecutor, or the investigator or the inquirer with the consent of the prosecutor, has directed a petition to the court on selecting with respect to the said person a measure of restriction in the form of taking into custody.


Article 92. Procedure for the Detention of the Suspect

1. After the suspect is brought to the body of inquiry, to the investigator or to the public prosecutor, a custody report shall be compiled within a term of not over three hours, in which shall be made a note that the rights, stipulated by Article 46 of the present Code, have been explained to the suspect.

2. In the report shall be pointed out the date and time of compiling it, the date, time and the place of, and the grounds and the motives for the detention, the results of his personal search and other circumstances of his detention. The custody report shall be signed by the person who has compiled it and by the suspect.

3. The body of inquiry, the inquirer or the investigator shall be obliged to report to the public prosecutor about the detention in writing within twelve hours from the moment of detaining the suspect.

4. The suspect shall be interrogated in conformity with the demands of the second part of Article 46 and of Articles 189 and 190 of the present Code. Before the interrogation starts the suspect at his request shall be provided with an opportunity to meet his defence counsel in private and confidentially. Where it is necessary to commit procedural actions with the participation of the suspect, the duration of a meeting exceeding two hours may be limited by the inquirer, investigator and prosecutor with obligatory preliminary notification of the suspect and his/her defence counsel on it. In any case the duration of the meeting may not be less than 2 hours .


Article 93. Personal Search of the Suspect

The suspect may be subjected to a personal search in accordance with the procedure, established by Article 184 of the present Code.


Article 94. Grounds for the Release of the Suspect

1. The suspect shall be released by the decision of the inquirer, of the investigator or of the public prosecutor, if:
1) the suspicion of his committing a crime has not been confirmed;
2) there are no grounds to apply towards him a measure of restriction in the form of taking into custody;
3) the detention was made with a violation of the demands of Article 91 of the present Code.

2. After an expiry of 48 hours from the moment of detention, the suspect shall be released, unless with respect to him is selected a measure of restriction in the form of taking into custody or the court has extended the term of detention in the order, established by Item 3 of the part 7 of Article 108 of the present Code.

3. If the resolution of the judge on the application towards the suspect of the measure of restriction in the form of taking into custody or on an extension of the term of detention does not arrive within 48 hours as from the moment of detention, the suspect shall be immediately set free, about which the head of the place where the suspect was held in custody shall notify the body of inquiry or the investigator, under whose jurisdiction the criminal case is placed, and the public prosecutor.

4. If there exists a ruling or a resolution of the court on the refusal to satisfy the petition of the inquirer, of the investigator or of the public prosecutor for selecting towards the suspect the measure of restriction in the form of taking into custody, a copy of this ruling or resolution shall be handed over to the suspect upon his release.

5. Upon the release of the suspect from custody he shall be issued a reference note, in which it shall be pointed out by whom he was detained, the date, time and the place of, and the grounds for the detention, as well as the date, time of and the grounds for his release .


Article 95. Procedure for Holding the Suspects in Custody

1. The procedure and the conditions for holding the suspects in custody shall be defined by the federal law.

2. If it is necessary to carry out operational-search measures, admissible shall be meetings an officer of the body of inquiry which is carrying out the operational-search activity, with the suspect with the written permission of the inquirer, the investigator, the public prosecutor or of the court, under whose jurisdiction the criminal case is placed.


Article 96. Notification on Detaining the Suspect

1. The inquirer, the investigator or the public prosecutor shall be obliged, not later than in twelve hours from the moment of detaining the suspect, to notify one of his close relatives, and if there are no such relatives - the other relations, or shall provide an opportunity for making such notification to the suspect himself.

2. In case of the detention of the suspect who is a serviceman, the command of the military unit shall be informed.

3. If the suspect is a citizen or a subject of another state, the Embassy or the Consulate of this state shall be notified within the term, pointed out in the first part of the present Article.

4. If in the interests of the investigation it is necessary to keep the fact of the detention in
secret, the notification with the public prosecutor's sanction may be withheld, with the exception of the cases when the suspect is a minor .

Keywords

Provisional arrest
Arrest
Surrender
Request for arrest and surrender
Cooperation under procedures of national law
Request for provisional arrest
Arrest for national proceedings
Provisional arrest for national proceedings



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