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Operational Police intervention. The lawful and progressive use of force

Authors

  • Emilio Martínez Núñez Capitán de la Guardia Civil

Keywords:

Keywords: police officers, opportunity, congruency, proportionality, firearms.

Abstract

Operational police intervention, which sometimes requires the use of physical coercion, is based on general rules, and there is a need for a more exhaustive regulation of police operations; in relation to actions that cause typical results, especially those related to physical integrity, it would be possible to define with greater precision the specific concepts that are used for the application of the causes of justification that distort the unlawfulness of these police actions.

The Courts base their motivations in relation to the use of force, mainly on the necessity of its application, understanding by necessity that it is rationally indispensable. That it is chosen from the legal means foreseen and available, the one that is most suitable and best adapted to the situation produced. As well as the adequacy of the intensity of the use of that force, without under any circumstances exceeding what is strictly necessary.

In Operational Police Intervention, an intrinsic relationship is established between the legal use of force and its progressiveness, defining a series of staggered actions to respond with a level of force appropriate to the situation produced, delimited by the level of aggressiveness and violence of the opponent.

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Author Biography

Emilio Martínez Núñez, Capitán de la Guardia Civil

Licenciado en Antropología

Máster en Análisis de evidencias Digitales y Lucha contra el Cibercrimen

Máster en criminología y Ciencias de la Seguridad

Published

2024-06-26 — Updated on 2024-07-04

Versions

How to Cite

Martínez Núñez, E. (2024). Operational Police intervention. The lawful and progressive use of force. Logos Guardia Civil, Scientific Magazine of the University Center of the Guardia Civil, (3), 219–242. Retrieved from https://revistacugc.es/article/view/6435 (Original work published June 26, 2024)

Issue

Section

Artículos Científicos