The legitimate use of a weapon applies primarily to the security forces and the armed forces. As an ordinary citizen, you are unlikely to come into conflict with the army or intelligence services. However, with the Police of the Czech Republic there is the possibility. In this article, we bring you the answer to the situations in which the Police of the Czech Republic can use a weapon.
The lawful use of a weapon is one of the circumstances precluding unlawfulness. It is a circumstance which results in an act which would otherwise be considered criminal not being considered unlawful because, given the circumstances, it is an exceptional situation recognised by law.
An example would be a situation where you physically assault another person. Ordinarily, this would be a misdemeanor or felony. However, if the assault was in self-defense , for example, in a situation where the person was threatening you with a knife, this would be a circumstance that would preclude illegality.
In total, there are five types of circumstances precluding unlawfulness:
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The lawful use of a weapon applies primarily to members of the armed forces and members of the security forces in the exercise of their profession. This includes, for example, the prison service, the intelligence services or members of the army of the Czech Republic. In this article, we will focus on the Police of the Czech Republic, which you are most likely to encounter as an ordinary citizen.
The Criminal Code defines the legitimate use of a weapon sparingly: A criminal offence is not committed by a person who uses a weapon within the limits set by another legal regulation. We will now break down the various points of this definition:
Here it is necessary to define what exactly constitutes a weapon. The definition of a weapon varies in different laws. In some cases, almost anything that can significantly harm a person can be considered a weapon. In the case of the Police, however, it includes firearms including ammunition and weapon accessories, stabbing and cutting weapons, explosives, special explosive objects, breakthrough pyrotechnic devices and special charges.
Each member of the Police of the Czech Republic carries a 9×19 calibre pistol. They also have submachine guns, which they carry only in certain cases (for example, when supervising demonstrations). Police officers also use other weapons according to the specifics of their intervention (explosives are used, for example, to force open doors).
The use of coercive means must then be distinguished from the legitimate use of a weapon. These are used to ensure compliance with the law or public order. These include:
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The use of a weapon should be the most extreme solution. First and foremost, the officer should ask the person to stop the illegal act with a warning that if he or she fails to do so, the officer will use law enforcement. If this challenge with a warning does not work, the officer should primarily choose law enforcement. Thus, the use of a weapon should be reserved for situations where law enforcement does not work or for situations where it cannot be used.
A police officer is not always required to use a warning. For example, in a situation where his life or the life of another person is threatened and action must be taken immediately.
Specifically, a police officer may use a weapon in the following situations:
That is, in situations where the officer’s life or the lives of other persons are threatened and the situation cannot be handled in any other way.
Example. Although he first attempts to use pepper spray and warning calls, the perpetrator continues the attack with a threat to the officer’s life. In this situation, the officer could use a weapon to protect his or her life.
If the dangerous offender against whom the officer is intervening fails to surrender when challenged or is reluctant to leave his or her hiding place.
Example: a police officer is at a location where a dangerous criminal suspected of armed robbery is hiding. Despite repeated challenges, the perpetrator refuses to surrender and is prepared to defend himself. In this situation, the officer could use his weapon to prevent escape and ensure safety.
To prevent the escape of a dangerous offender who cannot be apprehended by other means.
Example: a police officer is at a gas station where an armed robbery with murder has occurred. The perpetrator tries to escape and ignores police attempts to stop him. He runs towards a densely populated area. An officer could use a weapon at this point to prevent the escape and minimize the risk to the public.
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If active resistance aimed at thwarting the officer’s serious action cannot otherwise be overcome, the officer may use a weapon.
Example: a police officer intervenes in a fight between two groups of people in a public place where weapons are being used. Although the officers use warning shots and attempt to disperse the crowd, some of the participants still continue to behave aggressively and assault each other. In this situation, a police officer could use a weapon to stabilize the situation and prevent further escalation of violence.
A police officer may use a weapon to repel a violent attack that threatens a guarded or protected object and/or area.
Example: a police officer is guarding an ammunition depot which is an important security object. During the night hours, a group of armed perpetrators attempt to break through the protective barriers and gain entry into the warehouse. The officer first uses warning calls and coercive means such as tear gas or sound grenades to stop the perpetrators’ attempts to break in. However, this does not work and the perpetrators continue with their intention to get to the ammunition. Therefore, in this situation, the police officer has the right to use a weapon against the perpetrators.
A police officer may use a weapon if there is no other way to detain a vehicle whose driver, by reckless driving , is seriously endangering the life or health of persons and fails to stop on repeated summons or a signal given under any other law.
Example: a police officer is following a driver who is speeding, ignoring traffic lights, overtaking at full speed, and showing signs of drunkenness behind the wheel. Even after repeated calls and efforts to stop, he continues to drive dangerously, endangering other road users. In this situation, an officer could use a weapon to stop the irresponsible driver and minimize the risk of an accident.
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A police officer may use a firearm if a person against whom a law enforcement officer has used the threat of a firearm or a warning shot disobeys his or her command to ensure the safety of himself or herself or another person.
Example: a police officer is attempting to apprehend an armed offender who is threatening other persons with a stabbing weapon. The officer repeatedly calls for the offender to put down his weapon while pointing a firearm at him. However, the offender continues to make threats and is not prepared to surrender. In this situation, the officer could use the weapon to minimize the risk to other persons and prevent further danger.
An officer may use a weapon to disable an animal threatening the life or health of humans.
Example: an officer is in a park where a feral dog has attacked a group of people and is attacking them. In this situation, the officer could use a weapon to disable the dog and protect the lives of the people.
When using a weapon, a police officer must follow several rules:
The lawful use of a weapon constitutes one of the key circumstances precluding unlawfulness. It applies primarily to the armed forces and security forces, including the Police of the Czech Republic. A police officer may use a weapon in cases of extreme emergency or necessary defence, disobeying a call to surrender a dangerous offender, apprehending a dangerous offender before fleeing or overcoming active resistance aimed at thwarting a serious intervention.
When using a weapon, a police officer is required to exercise increased caution to avoid endangering the lives of others and to minimize the risk to the offender, for example, by aiming at less critical parts of the body. Following the use of a weapon that results in injury, the officer must ensure that first aid and medical treatment are administered. Any use of a weapon must be immediately reported to a supervisor and documented, and the appropriate prosecutor must be notified of the injury or death of the person.
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