Detention of violators (legal aspects).
The rights of a security guard when an offender is detained.
Every day, the security guard, in the performance of his functional duties, faces a danger, therefore he is vested with the rights of law enforcement. Law enforcement can be carried out both with the use of force and non-violent means without the use of force.
The guard carries out law enforcement activities to repel the attack and detain the offender.
The right to detention is indicated in Article 12 of the Law of the Russian Federation dated March 11, 1992 “On Private Detective and Security Activities in the Russian Federation” (hereinafter referred to as the Law). It states that a person who has committed an unlawful encroachment on protected property may be detained by a security guard at the scene of the offense and must be immediately transferred to the internal affairs body (police). Article 12 of the Law provides security guards with the right to detain persons who have committed unlawful attacks only on protected property and only at the place of the offense for immediate transfer to the internal affairs bodies (police).
The use of force during detention is not required when only an oral dialogue takes place between the guard and the offender. For example, advising the offender not to resist, take his hands out of his pocket, raise his hands up, start moving on orders without resistance and the intention to run away, etc. the offender performs. In this case, there is no need to use force (physical force, special means, etc.).
General rules determine the basis for the actual detention of any citizen. Such standards are contained in Art. 38 and 39 of the Criminal Code.
A distinctive feature of these norms is that they do not authorize or give the citizen the right to commit actual detention, but only guarantee him that his actions will not be considered unlawful if the relevant limits are not exceeded.
Article 38 of the Criminal Code allows harm to the person who committed the crime with the aim of arresting him and bringing him to the bodies of internal affairs. There is a fair opinion, in our opinion, that the implementation of actual detention by citizens is possible only in relation to the persons who committed the crime.
However, Article 39 of the Criminal Code provides the opportunity to carry out the actual detention of persons who committed an administrative offense, and even persons who have not committed any unlawful acts at all.
What should I do if the police detachment does not arrive for an unlimited time, and the detainee demands that he be released immediately, since the guard has no right to detain him?
The first rule. If the detainee actually committed illegal actions, he should never be released until the arrival of the police. Attempts to soften, persuade the guard may be additional evidence of his guilt. Often, recidivists resort to such actions, for whom a meeting with the police is not only undesirable, but also dangerous.
The second rule. It is best to call police officers through service 02, where all citizens' appeals and incoming information are recorded. In this case, it is necessary to clearly indicate your last name, first name, patronymic, membership in the security organization, reasons for the detention of the offender, address and exact place of detention.
The third rule. When the offender renders physical resistance, in accordance with the law, handcuffs or other special means should be applied to him.
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