The Right To Use Of Police Weapons Criminal Regulation

Police using of weapons is a topic on criminal law. It is not only a matter of police enforcement, but also one important part of prevention crime in the entire legal system. From the perspective of law and to analyze the use of weapons of the police, we will prove its legitimacy, determine specific rules, and put forward his view of the current lack of legislative proposals. From all kinds of theories about the using of weapons by Police, the act is regarded as self-defense, order duties or police enforcement. On the basis of subsidiary Penal Code, it is self-defense, but this does not reflect the differences between the ordinary citizens and police. This interpretation is limited and difficult to justify all acts in special circumstances. According to law enforcement behavior, and behavior can choose the post position Police consider the use of weapons to carry out their duties there is close liaison with the police, it would be more appropriate for those in performing their duties. According to the police in the use of weapons belonging to attribute criminal law enforcement duties, with the surface constitute a crime within the meaning of the form, but in fact have no real danger to society. If not constitute a substantive crime, there is a special rule out the possibility of harm to society. Apply in specific cases, the authors concluded on the basis of law, the cases of police use of weapons to keep things simple. The nature of the norms, remove the differences are summed to curb crime Three types of self-defense or judicial control. Police use of weapons practice, the use of weapons if people mistake the fact or law, Elements should be allowed to learn from mistakes and allowing for a civil wrong theory, Police subjective existence and the existence of a correct view of what sin to determine the specific form of crime or the crime of dereliction of duty and abuse of power.