What punishment is provided by law for disobeying a police officer?

Sometimes citizens disobey a police officer. The article describes what this is fraught with, what kind of responsibility is envisaged, and what is the difference between resistance and disobedience. For disobedience, responsibility of a different nature may arise. And what exactly and in what cases, we will consider in detail below.

Powers of police officers

Disobedience to the lawful request of a police officer is punishable by fines, administrative or criminal liability. Law enforcement officers have certain duties and rights. And as police officers, they have specific powers assigned to them by office:

• To check documents of the person if there was a suspicion of his involvement in offenses;
• To demand from a person the termination of actions that violate the law;
• In connection with the investigation of the case, to invite or forcefully deliver citizens for questioning to the police;
• Request documents from individuals or organizations for investigation;
• To demand the abandonment of the offense;
• Visit the organization to review the documents necessary for the investigation;
• Use physical force and firearms to stop resistance or self-defense;
• To carry out lawful actions (inspections, interrogations, etc.);
• To deliver citizens to the hospital in alcoholic intoxication.

Responsibility for disobedience to the police

For disobeying the requirements of a police officer, responsibility is provided. In some cases, penalties are imposed. Responsibility is spelled out in Article 19.3 of the Code of Administrative Offenses of the Russian Federation, in part 1. It occurs if:

• The citizen refuses to obey the order of the policeman, which is connected with security and public order;
• An obstruction is created to the law enforcement officer. With physical resistance to police officers, a citizen can be held accountable under Article 318 of the Criminal Code of the Russian Federation. If the employee of law enforcement bodies was harmed to health, then imprisonment (up to 10 years) is required for this. The term depends on the gravity of the crime.

If the disobedience of the police is accompanied by insults in her address, then this act is criminalized, in accordance with Article 319 of the Criminal Code. Penalties or correctional labor may be imposed for insults to police officers.

Administrative Responsibility

It occurs when the refusal to comply with the requirements of police officers or create obstacles to their work. In this case, the violator of the law may receive a fine or arrest. The same responsibility is provided for resistance to representatives:

• State drug control;
• The criminal executive system;
• FSB;
• Migration bodies.

Criminal liability

For disobeying the lawful order of a police officer, criminal responsibility may arise under a number of articles of the Criminal Code of the Russian Federation. It comes when publicly insulting law enforcement personnel during their work. A more severe punishment threatens for violence or its threat.

Criminal responsibility also comes for resistance to law enforcement officers in the performance of their detention. And also for hooligan actions against police officers.

Illegal claims

For disobeying a police officer (CAO Article 19.3, part 1), punishment is imposed. But law enforcement officials do not always act according to their authority. And so Article 19.3, Part 1 is the most controversial issue. Police sometimes require documents for verification without any grounds.

And if a citizen begins to ask why a passport is required, the policemen instead deliver it to the department. And there is already a protocol on disobedience.

For disobedience to a law enforcement officer, a citizen may be fined or subjected to other administrative penalties. And the situation here is twofold. A citizen can not prove that he spoke politely with the representatives of the authorities. And the police can always say that they acted lawfully. For example, that a citizen refused to go to the department or looks like a criminal wanted. And when it comes to trial, he basically takes the side of the police.

How should documents be checked?

Disobedience to a police officer is punishable by law. But police officers must act strictly according to the Charter. Citizens of the Russian Federation are not required to constantly carry an identity card. Therefore, such a requirement of the policeman will be illegal. So, the citizen does not bear any responsibility.

The most common case of detention is document verification. In this case, the policeman must be dressed in uniform. Have a service certificate and a route or post card, which indicates the place of patrol and the exact time of duty. When a citizen stops, the policeman should introduce himself, say hello, give his name, FI and the reason for checking the documents. And at the request of the citizen to present him with his official certificate, explain the grounds for checking the documents:

• The citizen is similar to the identikit of the intruder, who is wanted;
• The person has escaped or is hiding from punishment;
• The citizen evades compulsory medical measures or visits to a specialized medical institution;
• The person tries to enter the protected area;
• When attempting to commit suicide by a citizen or a pronounced mental disorder;
• Search for those who escaped from a psychiatric hospital;
• There is a demand for the extradition of a foreign citizen in the manner prescribed by the current legislation of the Russian Federation.

Penalties for Disobedience

If a citizen does not comply with the police order, or prevents her from carrying out her duties, penalties ranging from five hundred to a thousand rubles are foreseen for this. Either the person can be placed under arrest for up to fifteen days. The type of punishment is determined by the magistrate during the examination of the case.

The severity of punishment depends on aggravating or mitigating circumstances (a state of affect, intoxication, etc.). For insulting a policeman, a fine of 40,000 rubles or a three-month salary may be imposed.

For disobedience to a police officer and threats and violence directed at him, punishments may be imposed:

• A large monetary penalty;
• Arrest for six months;
• Forced labor up to 5 years;
• Imprisonment up to 5 years;
• Imprisonment for up to ten years (with damage to health or life).

For resistance, police officers may be fined up to 1 million rubles, forced labor (up to seven years) or imprisonment for the same period. If the driver refused to obey and stop at the request of law enforcement officers, then the offender is fined from 500 to 800 rubles. For disobeying a police officer (Code of Administrative Offenses of the Russian Federation Article 12.25) and refusing to provide a car on demand, the offender must pay five hundred rubles.

Resistance and disobedience - what is the difference?

For resistance or disobedience, a police officer may face administrative or criminal liability. The "nature" of human actions is taken into account. Disobedience is a refusal to fulfill the demands of a policeman. Such actions are passive.

And for this it is necessary to bring the offender to administrative responsibility. A resistance - purposeful and deliberate actions with the use of physical force (fight with the use of kulaks, foreign objects, etc.). For this, the punishment is much stricter.