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| Forskning - Avslutade avhandlingsprojekt - Spikblad |
| Laga befogenhet - Polisens rätt att använda våld / Lawful Authority - The right of the police to use force | | Författare: | Annika Norée | | Disputationsdatum: | 2001-01-19 | | Förlag: | Jure | | Utgivningsår: | 1994 | | Omfång: | 553 sid | | Språk: | svenska, sammanfattning på engelska | | ISBN | 91-7223-097-5 | | Abstract | The police in all countries are authorized by the state to use force to carry out their duties. Such force, which in Sweden is based on what is known as lawful authority, should not lead to criminal liability for the police officer exercising it. Lawful authority is a so-called general ground for exemption from liability under penal law.
On the other hand, it is inevitable that nearly all use of force will be perceived as a violation of integrity by the person subjected to the force. The lawful authority enjoyed by the police must therefore be strictly limited, and the force must be kept within the bounds of the permissible. The individual police officer risks punishment – and summary discharge – if he goes too far in his use of force.
The Swedish legal system has previously shown little interest in the right of the police to use force. This thesis is the first extensive study of the use of force by the police since the passage of the Police Act in 1984. The purpose of the work is to explain and define the scope of the right of the police to use force against a person, both from the viewpoint of criminal law and from a broader legal perspective. The core question is: Where does the limit go for the legitimate force which a Swedish police officer may use against a person?
The author explains what problems the legal limit gives rise to, what conflicts of interest lie behind the problems, and how different solutions are advantageous or disadvantageous for the different parties involved. A great deal of interest is devoted to interpretation of the judicial practice that exists in the area. Furthermore, the author has reviewed the legal processing of more than 14,000 complaints filed against Swedish police officers for crimes committed on duty. |
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