El tratamiento legal de las técnicas de intervención policial: uso de la fuerza y responsabilidad penal

Abstract

The legitimate use of force by States and the law enforcement means that police represent, usually lacks an adequate regulation. The physical and armed interventions undertaken by police forces are governed by a series of abstract principles embedded in very general rules without the concretion that would be necessary. To meet these shortcomings, the Courts evaluate the use of police force through the legal excuse of fulfillment of duty, but they do so casuistically, following abstract principles and regardless, in the vast majority of cases, of the issue of training received by policemen, attributing the full responsibility for excessive interventions to the individual subjects. This justifies the need to improve the regulation of operational police intervention in order to provide the Courts better legal tools to solve the most controversial cases.

Keywords

• police interventions
• fulfillment of duty
• training
• police regulation
• mistake with regard to justification