Things to Know When Getting Arrested
Only members of the Ministry of the Interior and the Communal Police have the right to identify citizens. Police can apprehend citizens suspected of having committed a misdemeanor or criminal offense. Without initiating proceedings, detainees may spend a maximum of 48 hours in detention. If they resist, the police have the right to use force or physical force during the arrest according to defense lawyers winnipeg.
Identification
Members of the Ministry of the Interior have the right to identify citizens in public space, and the obligation of every citizen over the age of 16 is to show an identity document if an official requests it. According to the law, citizens have the right to ask a uniformed police officer to show his ID.
Only the police and the Communal Police have the right to legitimize citizens, and the reasons can be very different, a police officer can request documents in accordance with his subjective assessment.
If a uniformed person, at the request of a citizen, refuses to show identification, citizens are not obliged to show them their personal documents. It is important that the citizens, when giving the document, remember the last name that is written on the policeman’s uniform and, if possible, the ID number. This is an important fact if the citizens eventually want to prove that the police treated them inappropriately.
Our interlocutor also explains that members of the private security do not have the right to ask for personal documents from any citizen, regardless of the occasion, and that applies to any other private person.
Arrest
If at a public gathering, protest, demonstration there is an apprehension by the police, our interlocutor advises the citizens to act peacefully, and to ask the police to immediately, as soon as possible, inform the lawyer, family or friends by phone.
If citizens are injured during the arrest, they have the right to immediately request an examination by their doctor, and if he is not available, they can ask for a doctor from the police. If there are injuries, it is important to get an official “paper” or a doctor’s report that can document those injuries.
Also, when apprehended, citizens can ask and must get an answer to the question of how long they will be detained, and they can be detained for a maximum of 48 hours if no court proceedings have been initiated against them. Therefore, without explanation or initiated proceedings, the police can keep anyone in custody for a maximum of 48 hours.
Citizens, also, according to the letter of the law, have the right to initiate a procedure and ask the police for a decision on detention – a document based on when they are in custody. They have six hours to appeal the detention order. It is important to know that the appeal does not delay the decision on detention, but the competent court must decide on that appeal within 24 hours.
So, if everything is completed as soon as possible, the citizens can be released in at least 30 hours from the moment of apprehension.
