Police use of firearms
In Art. 1 of the Federal Law on Weapons & quot; a firearm is defined as "a weapon intended for the mechanical destruction of a target at a distance by throwing equipment that receives directed movement at the expense of the energy of a powder or other charge."
Mechanical defeat of the target with throwable equipment can only be in the production of a shot. So, by the use of firearms it is necessary to understand the production of a police shot by a police officer.
In accordance with Part 1 of Art. 23 of the Federal Law & quot; On Police & quot; a police officer has the right to use firearms in person or as part of a unit (group) in the following cases:
• to protect another person from infringing, if this encroachment involves violence dangerous to life or health.
Encroachment (encroachment) - an attempt to cause harm, damage to someone or something. Violence is a compulsory influence on someone. Violence can be in the form of physical or mental impact. Physical violence is expressed in the impact on the human body: beatings, torture. Mental violence is in the form of insults, intimidation, threats, etc. Danger - the threat of harm, unhappiness. Thus, in this case a police officer, using firearms, lawfully protects himself and another person from criminal assault on life and health, i.e. acts in a state of necessary defense (Article 37 of the Criminal Code);
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• Suppression of attempted possession of firearms, police vehicles, special and military equipment in the armament of the police.
Obviously, an attempt to take possession of a firearm that is held by a police officer will involve violence against him. These actions in accordance with Cl. 1 Part 1 of Art. 23 of the Federal Law & quot; On Police & quot; are the basis for the use by a police officer of firearms. Suppression of attempts to seize a vehicle of police, special and combat equipment, which is in the armament (supply) of the police is aimed at preventing the use of these technical means for criminal purposes. First of all, this applies to special and combat equipment;
• the release of hostages.
Actions taken to capture hostages, or the retention of persons as hostages, entail criminal liability in accordance with Art. 206 & quot; Hostage taking & quot; Of the US Criminal Code. This crime is a crime of a terrorist nature. When releasing hostages, two options are possible. The first - without the use of force, as a result of conducting negotiations and inducing criminals to refuse to commit illegal actions. The second one is power, which requires a special operation. When there is a direct threat to the life and health of the hostages, the use of firearms is not only justified, but is in fact the only way to release them. As a result of the use of firearms, hostage-takers can be injured, including fatalities. In accordance with Art. 22 "Legal injury" & quot; Federal Law No. 35-ΦЗ of 06.03.2006 "On Counteracting Terrorism"; the deprivation of the life of the person committing the terrorist act, as well as the infliction of harm to the health or property of such person in the event of the suppression of a terrorist act or the implementation of other measures to combat terrorism by actions prescribed or permitted by US law are lawful;
• The detention of a person caught while committing an act that contains signs of a grave or especially grave crime against life, health or property, and trying to escape if other means detain this person is not possible.
In accordance with Part 4 of Art. 15 of the Criminal Code of the United States for serious crimes are intentional acts for which the maximum penalty is provided, not exceeding 10 years of imprisonment. So, to serious crimes according to the Criminal Code of the United States are: deliberate causing of serious harm to health (Parts 1 and 2 of Article 111); organization or maintenance of brothels for the consumption of narcotic drugs, psychotropic substances and their analogues (Part 2, Article 232); the seizure of hostages (Part 1, Article 206); evasion of the performance of duties of military service by simulating illness or otherwise (Part 2, Article 339), etc. In accordance with Part 5 of Art. 15 of the Criminal Code of the United States to especially grave crimes are deliberate acts for which the punishment is provided in the form of imprisonment for more than 10 years or more severe punishment. The list of articles 7 of the US Criminal Code, used in the formation of statistical reporting, includes: murder (Article 105); kidnapping of a person (articles 2 and 3, article 126); piracy (Parts 2 and 3 of Article 227), etc. The content of the lists shows that the police officer must act in the light of the situation created and the degree of public danger of a complete detainment
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It is an act. For example, harm caused by the use of firearms to a person evading military service by simulating illness or otherwise will be excessive;
• Detention of a person who provides armed resistance, as well as a person who refuses to comply with a legitimate demand for the surrender of weapons, ammunition, explosives, explosive devices, poisonous or radioactive substances that are under him.
In accordance with Part 2 of Art. 23 of the Federal Law & quot; On Police & quot; armed resistance and armed assault recognize resistance and attack committed with the use of weapons of any kind, or items structurally similar to real weapons and indistinguishable from it, or objects, substances and mechanisms by which serious harm to health or death can be caused. In this case, the actions of a detainee are qualified as an encroachment on the life or health of a police officer;
• Reflection of a group or armed attack on buildings, premises, structures and other objects of state and municipal bodies, public associations, organizations and citizens.
Under the attack on buildings, structures, premises and other objects are understood acts of a violent nature, accompanied by penetration inside and establishment of control over the object. As a rule, such actions are accompanied by senseless pogroms and destruction of property;
• Preventing escape from the places of detention of suspects and accused of committing crimes or escaping from convoy persons detained on suspicion of committing a crime, persons in respect of whom a measure of restraint in the form of detention, persons sentenced to custody deprivation of liberty, as well as to prevent attempts to forcibly release these persons.
In these cases, the use of weapons by a police officer is regulated by Cl. 6, Art. 47 of the Federal Law "On the Detention of Suspects and Accused of Committing Offenses"; to stop the attempt to escape a suspect or accused from a place of detention or from an escort. Escape from a place of deprivation of liberty, from arrest or from custody is a crime for the commission of which criminal liability under art. 313 of the US Criminal Code, therefore, using a firearm, a police officer suppresses the crime. The use of firearms during the escorting and transferring of persons under investigation, convicted, defendants in the territory of another state is carried out within the framework of the relevant international treaty concluded by the Russian Federation with that state.
In this group of grounds for the use of firearms, the object of influence is a person who commits a socially dangerous act.
Along with this, in accordance with Part 3 of Art. 23 of the Federal Law & quot; On Police & quot; a police officer has the right to use firearms:
• to stop the vehicle by damaging it if the person in charge refuses to comply with the police officer's repeated demands for a stop and tries to escape, posing a threat to the life and health of citizens;
• neutralize an animal that threatens the life and health of citizens and (or) a police officer;
• the destruction of locking devices, elements and structures that prevent penetration into residential and other premises on the grounds provided for in Art. 15 of the Federal Law "On Police";
• Production of a warning shot, alarm or assistance call by firing up or in a different safe direction.
In contrast to the first group of grounds, here the object of influence is, in most cases, material objects and animals that threaten the life and health of citizens and (or) the police officer.
In part 4 of Art. 23 of the Federal Law & quot; On Police & quot; fixed the right of police officers to use official firearms of limited damage in all cases when the use of firearms is permitted, and in some cases, the use of special means:
• to stop the resistance provided to a police officer;
• Detaining a person caught while committing a crime and trying to escape;
• release of forcibly detained persons, captured buildings, premises, structures, vehicles and land plots;
• Suppression of mass riots and other unlawful actions that violate the movement of transport, the work of communication facilities and organizations.
In accordance with Art. 1 of the Federal Law on Weapons & quot; limited-hit firearms is short-barreled weapons and barren weapons designed to mechanically hit a live target at a distance with throwable equipment of a traumatic action cartridge receiving directional movement due to the energy of a powder or other charge and not intended to cause death to a person . Upon careful consideration of this definition, two features distinguishing this type of weapon from a gunshot are distinguished. This is the & quot; traumatic action cartridge & quot; and "not intended to cause death to a person".
The main purpose of this type of weapon is to provide a shock impact on the offender. In the specialized literature one can come across such a thing as " cartridges and shots of non-penetrating impact".
The concept of the use of natron shock non-penetrating action - the neutralization of manpower by creating a stopping effect without causing serious bodily harm. This is ensured by the constructive solutions of the cartridges, and first of all by the design of the drummers "bullets". Structurally, impactors can be performed in the form of pouches with shot, elements with tail stabilizers or deformable elements. Such designs provide the energy dissipation of the striker when meeting the target, which reduces the risk of injury.
Of great importance is the caliber of the cartridge. The developments were carried out in two directions:
1) calibers in the interval from pistol (revolver) to the 12th caliber;
2) calibers in the range of 37-40 mm.
Depending on the caliber, it can be not only cartridges, but also a projectile, a grenade.
Practice has shown that the right to life has constructive solutions to one and the other direction. However, there is a predominance of ammunition in calibres 37-40 mm. This is because the increase in the caliber of the drummer (& quot; bullets & quot;), other things being equal, leads to a decrease in the & quot; shock & quot; pressure on the target (person) at the point of contact and, accordingly, to reduce the damaging effect. The effectiveness of the impact while maintaining the level of damage can be achieved through the use of combined action ammunition (two or more types of physiological effects). At present, work is underway to create ammunition that combines impact as the main with other factors: light, irritant and acoustic impact.
The internal affairs agencies are equipped with a traumatic cartridge and a cartridge with a rubber bullet caliber of 18.5 mm, as well as shots of shock action for a special grenade launcher complex.
Cartridges of traumatic action of pistol (revolver) calibers are used in personal security weapons and do not enter into the list of special means that are in service with law enforcement agencies.
The Federal Law "On Arms" The difference between service firearms of limited defeat and civilian is established, expressed in the value of the muzzle energy parameter when shot by the cartridges of traumatic action. For service weapons, this value is 150 J, for civilian - 90 J.
In accordance with Part 5 of Art. 23 of the Federal Law & quot; On Police & quot; It is prohibited to use firearms with the production of a shot at women, persons with obvious disability, minors, when their age is obvious or known to the police officer, except for the cases when these persons provide armed resistance, an armed or group attack threatening life and health citizens or a police officer.
A police officer does not have the right to use firearms with a significant accumulation of citizens, if as a result of this can affect casual persons. These prohibitions do not apply to the use of firearms of limited damage. Given that the nature of the impact of this type of weapons closer to special means, prohibitions and restrictions on its use are regulated art. 22 of the Federal Law "On Police."
Personal security guarantees for an armed police officer
Security is a situation in which there is no danger. Guarantees of personal security of an armed police officer are devoted to art. 24 of the Federal Law "On Police". In accordance with part 1 of this article, a police officer has the right to expose a firearm and to alert him, if in the current situation there may be grounds for its use as provided for in Art. 23 of the Federal Law "On Police."
Bare firearms and make him ready to remove the weapon from the holster and send the cartridge into the chamber. By doing this, the police officer is ready to fire the shot. Legislative consolidation of such actions by a police officer is conditioned by the need to perform service and combat tasks in various circumstances. First of all, this is due to a rapid change in the situation, the result of which may be an attack on a police officer. In these conditions, the police officer has the right to prepare in advance for the use of firearms. Examples of a rapidly changing environment can be, for example, the presence of thieves in the room when viewed by the detachment of private security of the apartment (apartment) at the signal "Alarm" installed alarm; The situation when the offender unexpectedly tries to set the dog against a police officer; an inspection of the location of the possible location of the wanted criminal, etc.
A police officer has the right to use firearms also when trying to detain a person with a naked firearm to approach a police officer, while reducing the specified distance, or touching his firearm.
The object, in relation to which the firearm is used, is the detained person, i.e. a person whose unlawful actions the police officer does not doubt. Between the detainee and the police officer, some distance should be established, the amount of which the police officer determines based on the prevailing situation. This is a kind of "security zone". When approaching the detained police officer, the latter has the right to use firearms in accordance with clauses 1 and 2 of Part 1 of Art. 23 of the Federal Law "On Police."
The situation can be complicated by the fact that the detained person may have associates nearby. The most common method is to get lost in the crowd. The reaction of a police officer should be appropriate to any person who tries to approach him with a naked firearm and especially to touch him.
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