PECULIARITIES OF RESPONSIBILITY OF A LAW ENFORCEMENT OFFICER FOR COMMITTING AN INTENTIONAL MURDER IN REQUIRED DEFENSE AND DETENTION OF A OFFENDER

Abstract

Questions about the peculiarities of the responsibility of a law enforcement officer for committing a premeditated murder in the performance of their duties in the context of necessary defense and detention of a criminal are explored. In the science of criminal law, one of the debates is the question of recognizing the subjects of premeditated killings when exceeding the limits of the necessary defense and when exceeding the measures necessary to detain the offender of law enforcement officers. In criminal law, there are several points of view regarding the qualification of actions of a police officer in causing them harm to the detained person and in the necessary defense. What are the causes of death in case of exceeding the limits of necessary defense or in case of exceeding the measures necessary for the detention of a person who committed a socially dangerous assault by a law enforcement officer – intentional murder if the limits of necessary defense are exceeded, or in case of exceeding the measures necessary for detention power or authority. When deciding on the responsibility of a law enforcement officer in the conditions of necessary defense and detention of the perpetrator, it is necessary to establish: whether the requirements of the sectoral legislation regarding the grounds for the use of weapons, special means and physical influence measures have been met, and whether the requirement that “in case of impossibility to avoid the use of force, it shall not exceed the extent necessary to fulfill the duties assigned to the police and shall minimize the possibility of harming the offender's health to members of the public”. In compliance with both requirements, liability is excluded – such acts are not criminal. In case of non-compliance with such requirements, a law enforcement officer should be criminally responsible for a crime in the field of official activity. In addition, one should not forget that one of the conditions for the lawfulness of causing harm to a person in detention is the time of detention – immediately after the commission of the encroachment. With this in mind, in the deliberate killing of a detainee immediately after committing an encroachment on him, the actions of a law enforcement officer should be qualified under Art. 118 of the Criminal Code, and in the case of a similar act, if the detained person, for example, is wanted, for a similar crime – no. In such a case there will be, in the presence of signs, excess of power (Article 365 of the Criminal Code of Ukraine).