Baština (Jan 2016)
Authorizations abuse of police authority holders during constitutionalist regime
Abstract
As part of the state apparatus, responsible for almost all of the internal organization of the state, police was one of the priorities of Constitutionalist government. The establishment of a stable and strong police force significantly guaranteed the stability of the Constitutionalist government. For this purpose it is supposed to serve acts, among other things, which returned police possibility to trial and sentencing for minor offenses. In this regard, the particular importance has had Police Regulation and the Criminal Code for police offenders, which has established a strong police authority, which was able to keep the people in an unconditional obedience. During the Constitutionalist regime, police bureaucracy put themselves above the people, doing the role of a parent or guardian over the people. This attitude of the police was based on the assumption that the people are politically immature and that there are incapable of self-governing. But also the fact that during this period number of offenses increased, and the personal and property safety of the population was constantly threatened. Instead of the promised patriarchal idyll, Constitutionalist regime brought with it harsh bureaucratic despotism, which was accompanied by harsh and often, even inhuman police conduction. Given the importance of the police to hold people in obedience to the government, it is clear that it was necessary to integrate it into the Constitution-concept according to which 'people are pupils and authority is tutor.' In this paper, author attempts to show the authorizations abuse of police authority holders in Serbia during the Constitutionalist regime. Although this was a significant period in the development of the modern Serbian state and in which is connected with beginnings of state organizations by creating the first judicial and administrative mechanism and the first educational institution, however, this period will be remembered by numerous abuses of police authority holders. Although the broad authority was given in order to reduce growing number of various crimes and improvement of personal and property safety, nevertheless police authority has become, on the one hand, the 'long arm' of Constitutionalist government in disciplining the nation, and on the other hand, the factor of personal enrichment of police officials. Number of abuse is particularly increased after the adoption of the Police Regulation and the Criminal Code for Police Offenders, when police received a 'free hands' for punishing and beatings. Bearing in mind that the police executed the judgment immediately, the possibility of appeal in the case of corporal punishment existed just after the beating. The problem was in the fact that the Police Court was reduced to only one man - a county or district mayor. Although judgments were taken in the trial chambers, which was made by state officials beside them, the responsibility for their decision was primarily related to the mayors. Hence, the degree of highhandedness of county and district mayors rose, and judgments are subsequently assembled and without the presence of the other trial chambers members. This manner of trials, as well as a large number of judgments that involved physical punishment and the highhandedness behaviour of the police authorities caused great dissatisfaction of the people with police, culminating in the St. Andrew's Day Assembly when by the dissatisfaction of the whole nation Constitutionalist regime was dethroned.
