A person has been detained

From here on everything is measured in hours: from which moment the detention is counted, how long it lasts without a court decision, when the defence counsel is to appear. Each of these questions has its own article of the law, and the answer in your particular case is given by an advocate, not by a website. Below is what can be done right now.

What to do

1. Say aloud that you are exercising your right to a defence counsel

   The right to professional legal assistance and to the free choice of a defence counsel is enshrined in Article 59 of the Constitution of Ukraine; the principle of ensuring the right to a defence — in Article 20 of the «Кримінальний процесуальний кодекс» (the code of criminal procedure); the procedure for engaging a defence counsel — in Article 48. Ask for this to be entered in the record (протокол).

2. Remember the time and the place

   The moment from which a person is deemed detained is defined by Article 209 of the same Code; the term of detention without a ruling of the investigating judge (ухвала слідчого судді) — by Article 211. The hour, the place, who was near and who said what — all of this is proven later, and remembered now.

3. Ask that those close to you be notified

   The notification of others about a detention is governed by Article 213 of the same Code; the notification of relatives is named also in Article 29 of the Constitution. Say exactly whom to notify, and ask for this to be recorded.

4. Read the record before you sign it

   A record (протокол) is drawn up on the detention — Article 208. Anything you disagree with must enter it at the moment it happens, not afterwards.

5. Explanations — in the presence of the defence counsel

   The right not to give testimony concerning yourself, members of your family and close relatives is enshrined in Article 63 of the Constitution; the rights of a suspect are listed in Article 42 of the same Code. Say that you will give explanations in the presence of the defence counsel.

6. Speak up about health, medication and language

   If you need medication or a doctor, say so at once and ask for it to be recorded. The same for bodily injuries, if force was used: the prohibition of torture and inhuman treatment — Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The language of the proceedings and the engagement of an interpreter are defined by Article 29 of the same Code.

What you must not do

1. Do not sign blank or unclear documents

   A signature under something you have not read makes any later dispute about the content of the document harder.

2. Do not give explanations “off the record”

   Until the defence counsel arrives — none at all: not in the corridor, not in the car, not “just to sort things out”.

3. Do not sign a waiver of the defence counsel

   The cases in which the participation of a defence counsel is mandatory are defined by Article 52 of the same Code. If you are offered a chance to waive it, that is exactly the question decided with an advocate, not without one.

4. Do not describe the circumstances in a messenger, an e-mail or a form on a website

   The details of the case are passed to the advocate by voice or in person.

If it is not you who has been detained

Most often this page is read not by the detained person but by someone who has just learned of it. Three things that it makes sense to do now.

1. Find out where the person is and who is handling the case

   The delivery of a detained person to the pre-trial investigation body is governed by Article 210 of the same Code; who within the unit is responsible for the custody of detained persons — by Article 212.

2. Secure a defence counsel

   It is not only the detained person who may engage a defence counsel: the procedure is defined by Article 48 of the same Code, the cases of mandatory participation — by Article 52. If there is no advocate engaged by agreement, the system of free secondary legal aid operates, and one can turn to it independently of us.

3. Gather documents while there is time

   Place of residence, employment, state of health, the composition of the family are confirmed by documents. They are looked for now, not at the hearing.

What comes next

A detention is not a separate event but the beginning of a stage. The right to liberty and personal inviolability is enshrined in Article 29 of the Constitution, Article 12 of the same Code and Article 5 of the Convention. The duties of the investigating judge in respect of a person deprived of liberty are defined by Article 206 of the same Code; the service of a written notice of suspicion — by Article 278.

What is decided at each subsequent stage — from suspicion to the measure of restraint and the trial — is collected separately. Criminal defence Full legal analysis is published in Ukrainian.

What to read next

If a search is carried out together with the detention, the order of steps on the spot is collected separately. A search is under way