The use of physical force by police officers is the actions of employees not accompanied by the use of weapons and special equipment aimed at individuals or property. They consist in violation of the inviolability of subjects, restriction of the freedom of their movement or disposal of objects. Such actions are committed to stop the illegal behavior or inaction of these persons, as well as to enforce the execution of legal requirements of employees. Next, we consider the procedure for the use of physical force by police officers.
General information
The use of physical force by the police constitutes a specific coercive effect. It is based on the use of the muscular individual capabilities of employees. In this case, the police officer comes into direct physical contact with the object of this impact. It can be a person, object, animal, mechanism, etc.
The use of physical force by a police officer may be accompanied by harm to health, pain, death, damage or destruction of property, temporary seizure of items.
Normative base
The conditions for the use of physical force by police officers are enshrined in Federal Law No. 3, Art. 20.
According to the norm, the employee has the right to exert influence in the unit or in person, if non-force methods do not allow ensuring the performance of the duties assigned to him.
According to article 20, the use of physical force is allowed for:
- Suppression of administrative violations and criminal offenses.
- Detention of persons who committed unlawful acts and their delivery to the office building of the police department, municipal authority, etc.
- Overcoming resistance to the legitimate requirements of an employee.
The list of cases when a police officer used physical force is closed. In local regulatory documents (instructions, regulations, orders, etc.), their content may be specified depending on a particular situation.
It should be noted that the Federal Law "On Police" does not establish restrictions on the use of force on the subject composition.
Suppression of offenses and crimes
This is the first basis for the use of physical force by a police officer. The impact in this case is carried out on the person committing active illegal actions.
If the subject is in a state of unlawful inaction, the police officer has the right to use force to overcome opposition or to detain him.
Delivering the culprit to the office
In this case, the use of physical force by a police officer is aimed at unhindered drive of the subject to the place of proceedings. It may be, for example, the duty unit, the district police station.
Delivery as a measure of coercion can be applied to persons who have committed a crime or administrative offense.
Detention
It involves the actions of an employee aimed at capturing a citizen who committed an illegal act. Detention precedes delivery. The use of force ensures in such cases the restriction of the movements of the perpetrator, the prevention of his escape and the commission of other illegal actions.
Overcoming opposition
The rights of the police officers provided for in Federal Law No. 3 are realized in order to fulfill the duties assigned to them. So, an employee to suppress illegal behavior can put forward certain requirements to a citizen. The use of force is determined in such situations by the inaction of the person. It is expressed in the failure to comply with the legal requirements of the employee. The need to use force arises, for example, in the event of a citizen's refusal:
- Provide access to other persons, objects or documents.
- Proceed to the ATS office premises, stop or leave a certain place.
- Provide unhindered access to the territory, facility, vehicle, etc.
At the same time, the use of force should not be considered justified in case of refusal of the subject to give explanations, conduct an audit of the enterprise, etc.
Disobedience can be expressed in a form indicating a clear disrespect for officials who ensure public order.
General rules
The law establishes a list of actions that an employee can perform when appropriate conditions occur. In Art. 20 of the Federal Law "On Police", specific situations are fixed in which the use of force is allowed. However, you need to know how to do it right.
In order to avoid negative consequences (both for the employee himself and for those around him), a procedure has been developed to carry out the necessary actions aimed at suppressing illegal behavior.
The employee performs 3 types of actions: before the use of force, during physical contact with the subject (object) and after it. The sequence and the need for their implementation at each stage depends on the situation that develops in place during the suppression of the act, and the consequences (including probable).
Warning
Before using physical force, a police officer informs citizens that he is an employee of law enforcement agencies and about his requirements. Thus, it provides individuals with time to complete them. If the detention is carried out by a task force, a warning is issued by any of its members.
Reporting requirements and the use of force in case of non-compliance should be voiced loudly and clearly.
It should be noted that the right of a police officer is to take actions without warning if delay can cause negative consequences. This is allowed in particular in the case when there is a real threat to the life of the employee or surrounding citizens.
Regulations
When using force, the policeman must be guided by the following:
- It is necessary to act taking into account the current situation, the degree and nature of the danger of citizens, in respect of which coercive measures will be applied. Equally important is the assessment of the level of resistance provided by individuals.
- The employee should strive to minimize any damage. The actions of the policeman must be proportionate to the actions / inaction of the citizen. In addition, when using force, it is necessary to try not to cause damage to property and not create a danger to the lives of others.
- If the subject received bodily harm from the actions of the employee, he must be given first aid and take measures to provide qualified medical care in a short time.
Employee actions after the use of force
The policeman is obliged to inform the relatives of the citizen who received bodily harm that he was detained. This must be done as soon as possible, no later than a day after the suppression of illegal behavior.
Within 24 hours, the prosecutor is notified of each case of death or injury of a person in the use of force by the police. At the same time, the employee should save the scene of the incident, if possible.
During the day, the police officer informs his immediate superior or head of the nearest department of the internal affairs department about causing physical or physical harm to the person in the performance of his duties. The circumstances of the incident should be reflected in the report in full.
Being part of the operational group, an employee must use the provisions of federal law, orders and directives of the immediate head of the unit when using force.
Police Officer Responsibility
As a rule, an employee makes the decision to use force on his own. Accordingly, he is fully responsible for the possible consequences of his actions.
In case of exceeding his authority in the use of force, an employee may be held liable under the law. Depending on the nature of the action and the severity of the consequences, disciplinary, civil, material or criminal sanctions may be imposed on him.
The unlawful use of force by employees in the performance of their duties is qualified as abuse of authority only in cases where his actions were not caused by emergency or necessary defense, and there were no prerequisites for the forced detention of the offender.
In addition to criminal punishment, an action may be instituted against the employee and claims may be made for compensation for property and moral harm to a citizen who has received bodily harm.
For violation of the requirements enshrined in federal law, local acts of the internal affairs department, the employee bears disciplinary liability. The most severe sanction is dismissal from the police department.
Limitations
The law provides for a number of cases in which physical force cannot be used. Appropriate actions are prohibited for women with obvious signs of pregnancy, citizens with disabilities, as well as minors. The exception is situations when these entities display armed resistance, commit a group or other attack that threatens the health / life of others or directly the police.
It is not allowed to use force in the suppression of illegal rallies, meetings, demonstrations, pickets, non-violent processions that do not violate public order, the normal functioning of transport infrastructure, enterprises and communications.
Professional suitability
All police officers must undergo periodic training, training and proficiency testing. The content of programs to improve professional competence is determined by the Ministry of Internal Affairs.
Employees should know the rules of conduct in conditions associated with the use of force, the procedure, restrictions, the limits of emergency and defense.
Employees who have not passed the proficiency test are certified for compliance with the position. Until a decision is made based on its results, such employees are suspended from their duties.
Urgent need
It should be understood as a situation in which a policeman causes harm to the interests of another person in order to eliminate the danger that threatens him or other citizens. The use of force in case of emergency is allowed if it is not possible to eliminate the threat by other means.
When performing actions in such situations, the employee must adequately assess the situation. The use of force must be consistent with the nature and extent of the threat emanating from another entity. Exceeding the limits of necessity is qualified as a criminal act, if it was committed intentionally.
It is worth saying that, in contrast to the state of necessary defense, in which the employee can do more harm, if absolutely necessary, even equal damage is not allowed. Otherwise, the actions of the policeman can be regarded as intentional.
Necessary defense
As article 18 of the Federal Law No. 3 establishes, an employee of an ATS unit is entitled to use physical force in the manner and cases established by law. In the state of necessary defense, an employee in the absence of weapons or special equipment can use any improvised item.
In the use of force, criminal law norms are of particular importance. However, in practice, many employees are guided solely by Federal Law No. 3, as well as local acts issued by the structures of the Ministry of Internal Affairs.
In the suppression of crimes, employees act in conditions that exclude criminal behavior. The professional activities of police officers cannot always be planned, because the situation can change at any time. Therefore, there is always the possibility of undesirable consequences.
Given this, the criminal law should establish clear limits on the exercise by police officers of their powers. This framework can significantly minimize the risk of police committing unlawful acts. For this, in turn, it is necessary to bring into line certain provisions of Federal Law No. 3, local legal documents issued by the structures of the Ministry of Internal Affairs, with criminal law norms.
Conclusion
The use of force is considered one of the coercive measures that a policeman can use in the exercise of his official duties. Of course, always the employee must act in accordance with the rule of law. Only in exceptional cases is it possible to go beyond the legal requirements.
It should be understood that the current standards protect the interests of all citizens, including those committing illegal actions. A deliberate abuse of authority by an employee will entail negative consequences for him, including criminal liability.