What to Do When Detained: A Step-by-Step Guide
Short answer
Your constitutional rights upon detention, the difference between detention and arrest, and the critical mistakes people make in the first minutes. Detention is one of the most stressful moments anyone can face. But it's precisely at this moment that it's crucial to stay calm and know your basic rights.
- Published
- Legally reviewed
- Author
- Vitaliy BessonovAttorney-at-law, license No. 1893 dated 18 February 2015
Step-by-step action plan
- 1Clearly and calmly state: 'I want a lawyer. Without a lawyer, I refuse to make any comments'
- 2Do not sign any documents without reading them and without your lawyer present
- 3Remember: time, place, name and rank of the person who detained you
- 4Note whether witnesses were present and whether video recording was conducted
Your Rights Upon Detention
Detention is one of the most stressful moments anyone can face. But it's precisely at this moment that it's crucial to stay calm and know your basic rights.
Constitutional Guarantees
First Steps
Common Mistakes
Rule of law and case law
What the law provides
- Constitution of Ukraine — ст. 29, 59, 63
- Criminal Procedure Code of Ukraine — ст. 20, 42, 208–213
- Law of Ukraine on Free Legal Aid — ст. 14, 19
What follows from case law
The Supreme Court reviews the grounds, timing and recording of actual detention, access to counsel, and how violations affect admissibility. Each conclusion must be applied to the facts of the particular case.
Official sources
- LawConstitution of Ukraine — ст. 29, 59, 63
- LawCriminal Procedure Code of Ukraine — ст. 20, 42, 208–213
- LawLaw of Ukraine on Free Legal Aid — ст. 14, 19
- Supreme CourtSupreme Court thematic review on detention
- RegistryUnified State Register of Court Decisions
- RegistrySupreme Court Legal Positions Database
Frequently asked questions
What should be done first?
Clearly and calmly state: 'I want a lawyer. Without a lawyer, I refuse to make any comments'
Which laws govern this situation?
The key rules are contained in the official texts: Constitution of Ukraine — ст. 29, 59, 63; Criminal Procedure Code of Ukraine — ст. 20, 42, 208–213; Law of Ukraine on Free Legal Aid — ст. 14, 19.
Is a Supreme Court conclusion itself a rule of law?
No. Legislation establishes the rule; the Supreme Court interprets and applies it to particular facts. A legal position must be compared with the current law and the circumstances of the specific proceeding.