One of the always topical topics in legal practice is the appeal of arrest. This procedure is possible only at the preliminary stage of the investigation of a criminal case. The procedure for appealing against arrest is governed by several basic rules.
Instructions
Step 1
After the case is sent to the court, you can only file a petition to change the preventive measure. An appeal against the arrest is possible only during the preliminary investigation. Only the person who was arrested and is actually in custody has the right to check the legality of the arrest and to appeal against it.
Step 2
The filing of a complaint with the aim of challenging the arrest is allowed in several cases. If a person was arrested and taken into custody by order of the person who conducted the inquiry or the investigator, authorized by the prosecutor.
Step 3
Also, if he is detained for the same reason, but the period of detention was extended by the order of the prosecutor. And thirdly, all those persons to whom the said decision was applied have the right to appeal against their arrest, even if in fact they are not in custody.
Step 4
In addition, detained persons have the right to resort to the procedure for appealing against arrest, especially those who have been detained for periods longer than 74 hours. This is possible in accordance with the provisions of the second paragraph of the resolution of the Plenum of the Supreme Court of the Russian Federation N6 of September 29, 1994.
Step 5
It reads, in particular: “Explain to the courts that in accordance with Article 9 of the International Covenant on Civil and Political Rights, which entered into force on March 23, 1976, the norms of which, by virtue of Part 4 of Article 15 of the Constitution of the Russian Federation, are constituent part of the legal system of the Russian Federation and have supremacy over its domestic legislation, … a complaint of a person arrested on suspicion of committing a crime, his defense lawyer or legal representative regarding the legality and justification of the detention should be accepted by the court for proceedings and resolved on the merits …"
