Abstract
The article is devoted to the assessment of the rules, possibilities and manners of using and applying firearms by the Police in terms of compliance with human rights. The first part of the study contains analyses focusing on general frames for the use and application of firearms and circumstances giving premises for the use or application of these arms. In the next section, the discussion covers the conduct of law enforcement officials preceding the use of firearms and refers to the question of the so-called special use of firearms. The content of the final part of the article covers mechanisms preventing abuse regarding the use and application of firearms and procedures for situations of breaching legal regulations for the use of such arms. The article closes with the summary where, based on the analyses of existing solutions and available statistical data, a conclusion is made that the Police exercise proper caution so as to ensure the observance of human rights in relation to holding legislative power to use and apply firearms. The key methods applied while preparing this article were the legal analysis and the institutional analysis. In the alternative, a descriptive method with the application of the critical analysis of the literature on the subject was also employed.
Highlights
To enable an internal security unit such as the Police an effective performance of duties regarding ensuring security, law enforcement and providing assistance, it has been authorised to perform numerous activities and at the same time it has been equipped with various instruments of influence
–– who makes unlawful, forcible attempts to capture a firearm from an officer or another person entitled to its possession;
–– a direct pursuit of a person; –– disregarding a call to immediate abandonment of arms, explosives or other dangerous tools, the use of which may endanger life, health or freedom of an officer or another person; –– who makes unlawful, forcible attempts to capture a firearm from an officer or another person entitled to its possession; –– a person with respect to whom there exists a justified suspicion of the perpetration of a terrorist attack, perpetration of a murder, intentional grave bodily injury, causing a disaster, causing a treat of a disaster, causing a general threat, rape, other sexual act, taking or detaining a hostage, the perpetration of robbery, aggravated larceny, extortion with violence;
Summary
One of the fundamental expectations of every society is gaining the sense of security, ensuring that the interests of an individual are secured, interference in the private sphere is minimized and freedoms and physical integrity are not compromised. To enable an internal security unit such as the Police an effective performance of duties regarding ensuring security, law enforcement and providing assistance, it has been authorised to perform numerous activities and at the same time it has been equipped with various instruments of influence. One of such particular tools is the ability to use or apply firearms. A descriptive method with the application of the critical analysis of the literature on the subject was employed
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