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Use Offirearms and Other Means of Force During Arrest: Normative Restrictions in the Context of the Right to Life and Prohibition of Torture

Petar Veić ; Pravni fakultet Sveučilišta u Rijeci, Hrvatska
Igor Martinović orcid id ; Pravni fakultet Sveučilišta u Rijeci, Hrvatska

Puni tekst: hrvatski pdf 311 Kb

preuzimanja: 1.511



In Continental legal theory, lawful use of force is regarded as a ground of justification of an otherwise wrongful act, although it is no longer expressly prescribed by the Criminal Code of Croatia. Cases in which the use of force is permissible are governed by the Act on Police Duties and Powers, but also by international law, which is superior to domestic law. In this area, the most important legal instrument is the Convention for the Protection of Human Rights and Fundamental Freedoms, and in particular its Art. 2 and 3 (right to life and prohibition of torture). This paper compares the national regulatory framework with the standards developed by the European Court of Human Rights. Particular attention is paid to the issue of permissibility of the use of firearms in controversial situations such as the prevention of escape.

Ključne riječi

firearms, lethal force, lawful use of force, ground of justification, right to life, prohibition of torture.

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Podaci na drugim jezicima: hrvatski

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