Professional paper

https://doi.org/10.59245/ps.34.1.7

Execution of the Warrant for Failure to Appear with Problematic Reference to Forced Entry Into Someone Else's Home

Davor Posilović orcid.org/0000-0002-9399-9954 ; Služba za koordinaciju i provođenje projekata i istraživanja, Policijska akademija „Prvi hrvatski redarstvenik“, Ravnateljstvo policije, Ministarstvo unutarnjih poslova RH
Tomislav Krtinić ; Sektor za javni red i sigurnost, Policijska uprava zagrebačka, Ministarstvo unutarnjih poslova, Zagreb, Hrvatska

Abstract

The authors introduce the notions of bringing, bodies authorised to issue a warrant for failure to appear, legal sources and principled stance on the dangers of certain categories of persons who are brought in by a) the reasons for issuing the order to bring and b) the legal status of persons who are brought.
In the second part of the article, the authors elaborate on the current Standard operating procedure for the Croatian police from 19 September 2011 regarding bringing in a person, especially on forced entry into someone else's home.
The authors argue that making decisions about forced entry into another person's home to enforce the warrant for failure to appear should consider the general rule in Art. 5 on the Police Duties and Powers Act (the principle of proportionality) since it applies to all police matters and any police powers.
In connection with this, they offer guidance criteria for deciding on forced entry into another person's home under the principle of proportionality, which fits the tactics described in the relevant standard operating procedure.
The authors suggest tactics for police to enforce the warrant for failure to appear when a person is brought in from the workplace or any public place or when the convicted person is to be brought in, where the fine was replaced by imprisonment, with respect to certain specifics, which is not elaborated in the Standard Operational Procedure and delimit that these proposals are not adopted rules of the profession.
In conclusion, in this regard, it is necessary to amend and supplement certain regulations but also to supervise constantly officers who execute the warrants for failure to appear, that is, the written orders to bring people in.

Keywords

warrant for failure to appear, bringing in, forced entry into another person's home, forced entry powers, proportionality

Hrčak ID:

328710

URI

https://hrcak.srce.hr/328710

Publication date:

31.3.2025.

Article data in other languages: croatian

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