Review article
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.org/0000-0002-7648-2443
; Pravni fakultet Sveučilišta u Rijeci, Hrvatska
Abstract
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.
Keywords
firearms; lethal force; lawful use of force; ground of justification; right to life; prohibition of torture.
Hrčak ID:
230311
URI
Publication date:
19.12.2019.
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