THEORETICAL ASPECTS OF SELECTED COERCIVE MEANS UNDER THE POLICE CORPS ACT

Abstract

Service interventions and the use of coercive means present a significant interference to fundamental human rights and freedoms. At the same time they represent the basic and essential activity of police officers. There are a number of principles associated with their execution, in particular the principle of legality and proportionality. Legality means that the intervention and coercive means must be realized strictly in accordance with the law. Proportionality means that the intervention and coercive measures must be directly proportional to the unlawful conduct which jeopardizes the legally protected social interest. The contribution points out the selected coercive means, analyzes their content and defines the basic concepts. At the end, an evaluation is offered with an emphasis on the need to comply with the statutory procedures for liability in the event of suspicion of a breach of the principles of legality and proportionality with respect to official interventions and coercive measures.