Police detention: your rights and first steps

Key points

• Detention without a court ruling is possible only in the cases expressly provided by Article 208 CPC, and only on suspicion of an offence punishable by imprisonment.
• Detention without a court decision may not exceed 72 hours. Within that time the person must be released or brought before an investigating judge (Article 29 of the Constitution, Article 211 CPC).
• From the first minute you have the right to remain silent, not to incriminate yourself or your close relatives (Article 63 of the Constitution) and to demand a defence lawyer (Article 42 CPC).
• The gravest mistakes are made in the first hours: explanations without a lawyer and signatures given without reading.
• The right to one phone call to notify relatives or a lawyer is guaranteed by Article 213 CPC.

Detention is one of the most stressful moments in a person life, and it calls for calm and legally informed conduct. This is where the foundation of the whole case is laid: what is said and signed in the first hours often determines the outcome. Attorney Vitalii Petryk, who has been defending clients in criminal and administrative cases in Kyiv since 2011, explains when detention is lawful, how long you can be held and how to act without harming yourself.

When can the police detain without a court ruling?

As a general rule any deprivation of liberty requires a court decision. Article 208 CPC provides an exception: an authorised official may detain a person without a ruling of an investigating judge only where the suspicion concerns an offence punishable by imprisonment, and only in three situations.

First: the person was caught during the commission of an offence or an attempt. Second: immediately after the offence an eyewitness, including the victim, or a combination of obvious signs on the body, clothing or at the scene indicates that this particular person has just committed the offence. Third: there are reasonable grounds to believe that the person may flee to evade liability for a serious or particularly serious corruption offence. Outside these cases detention requires a ruling of an investigating judge.

How long can you be held without a court decision?

The period of detention without a court ruling is limited and final. Under Article 29 of the Constitution and Article 211 CPC it may not exceed 72 hours. Within that time the person is either released or brought before an investigating judge to decide on a preventive measure, and must be brought to court no later than 60 hours after detention.

A key detail: the period runs from the moment of actual detention, that is from the minute the person freedom of movement was genuinely restricted, not from the time the report was drawn up. In practice disputes arise precisely around this moment, so the time and circumstances of detention should be recorded at once.

What rights does a detained person have from the first minute?

A detained person must be informed without delay of the grounds for detention and of their rights. The key ones are: the right to know what they are suspected of; the right to remain silent and not to incriminate themselves or close relatives (Article 63 of the Constitution); the right to a defence lawyer and to a confidential meeting before the first questioning (Article 42 CPC); the right to one phone call (Article 213 CPC) to notify relatives or a lawyer.

If a person has no lawyer of their own, they are entitled to free secondary legal aid through a legal aid centre, and the defence lawyer must arrive without delay. Law enforcement must also notify the person relatives of the detention, and where a minor is detained, their parents or guardians.

What not to do during detention

Do not resist physically, even if you consider the detention unlawful: lawfulness will be assessed by a court, while resistance only worsens your position. Do not give detailed explanations before consulting a lawyer, since what is said at the start often becomes the basis of the suspicion. Do not sign documents without reading them and do not agree to questioning without a defence lawyer.

Do not rely on oral promises such as “sign and you will go home”: legal consequences follow from documents, not from words. What does help is calmly recording the time of detention, who was present and how events unfolded.

Administrative and criminal detention: what is the difference?

It matters what exactly you were detained for. Administrative detention applies to administrative offences and its general period under Article 263 of the Code on Administrative Offences is up to three hours, although the law sets different periods for certain offences. Criminal detention under Article 208 CPC applies to suspicion of a crime, with a limit of 72 hours.

Your rights and the further consequences depend on the type of detention, so establish the ground immediately and demand that it be clearly stated in the documents.

What does a lawyer do in the first hours?

The defence lawyer checks the lawfulness and the exact moment of detention, monitors compliance with time limits, ensures a real opportunity to exercise the right to silence and prevents self-incrimination. The lawyer attends questioning, prepares the position on the forthcoming preventive measure, challenges unlawful detention where there are grounds and records investigative breaches that may later support a finding that evidence is inadmissible.

It should also be borne in mind that during martial law special procedural rules apply (Article 615 CPC): where an investigating judge is unavailable, part of their powers may be exercised by a prosecutor, and different time limits apply to some categories of case. That is why it is especially important to involve a lawyer familiar with the rules in force at the time of detention.

Frequently asked questions

Must I give explanations immediately after detention? No. Article 63 of the Constitution guarantees the right not to incriminate yourself or close relatives. You may remain silent and answer only in the presence of a lawyer.

How long can I be held without a court decision? No more than 72 hours. Within that time you must be released or brought before an investigating judge to decide on a preventive measure.

What if I have no lawyer of my own? You are entitled to free secondary legal aid. A defence lawyer must be provided through a legal aid centre, and until they arrive you may give no explanations.

From what moment is the detention period counted? From the moment your freedom of movement was actually restricted, not from the time the report was drawn up. Record the time and circumstances at once.

What if my rights were not explained? Record this and inform your lawyer. Failure to follow the procedure may affect the admissibility of the evidence gathered and the lawfulness of the detention.

Read also

• Notice of suspicion: what it is and what to do next
• Road accidents with injured persons: liability under Article 286 of the Criminal Code
• Electronic evidence in criminal proceedings: when and how it can be challenged
• Legal services

Need defence? Contact an attorney

Attorney Vitalii Petryk, Kyiv. Advice and defence in criminal and administrative cases at every stage, from detention to trial.

Phone: +38 (096) 878-07-36
Email: info@advokat-petrik.com
Address: Kyiv, Holosiivskyi Avenue 132, RELE Business Centre

Disclaimer

This material is informational and is not legal advice or a guarantee of any particular result. Every situation is individual and the application of the rules depends on the specific circumstances. For an assessment of your case, seek personal advice from an attorney. The author observes the Rules of Advocates Ethics and the Law of Ukraine on the Bar and Advocacy.