Prievarta policijos veikloje, teisinis reguliavimas ir prievartos panaudojimo policijos veikloje problemos

SUMMARY The police officer shall have the right to use mental or physical coercion, a firearm and explosives, when it is necessary to prevent violations of law, to apprehend the persons who have committed said violations, as well as in other cases when protecting and defending lawful interests of an individual, society, the State. Coercion which might cause bodily injuries or death , may be used to the extent which is necessary for the fulfilment of the official duty, and only after all possible measures of persuasion or other measures have been used with no effect. The type of coercion and the limits of the use thereof shall be selected by the police officer, taking into account the concrete situation, nature of the violation of law and individual features of the offender. When using coercion, police officers must seek to avoid detrimental consequences. Mental coercion shall mean as a warning about an intention to use physical coercion, a firearm or explosives. Demonstration of a firearm and warning shots shall be regarded as mental coercion, however, such measures of mental coercion may be used only in the presence of the conditions laid down of this Law. When used in this Law, physical coercion shall mean: 1) use of physical force of any kind as well as methods of combat wrestling; 2) use of special equipment, i.e. of truncheons, handcuffs and restraining devices, gas, police dogs, methods of stopping transport by force, and other means of active and passive defence of the police, permitted by the law and approved by an order of the Minister of the Interior. The police officer shall have the right to use physical or mental coercion when a person who is being arrested or who is arrested, tries to use force or gets closer to the police officer and does not obey officer’s demand to keep his distance as directed or attempts to seize a firearm from the police officer. If the used coercive measures appear to be ineffective or their use is not possible because of the intensity of actions carried out by the person, or delaying poses a threat to the police officer’s life, the police officer may use a firearm. The main mistakes makes by police officer are: 1. Problems of tactics; 2. Problems of psychology’s; 3.Problems of knowledge. Police officers who violate the requirements of the law in the execution of their duties shall, in accordance with the procedure established by laws and other legal acts, be subject to disciplinary, administrative, material, or criminal liability, depending on the nature of the violation.