Ddeontologia
Article 54 of Law 2 / 86: municipalities with their own police force, set up a local board of safety shall be the authority to establish the ways and means of collaboration among security and police forces in its territory.
Constitution: the creation depends on the administrations involved and have their own police force. Is done through an act they have to sign the government delegate and the mayor.
Composition: They will be chaired by the mayor, unless the delegate attending government, then be shared, the heads of the police forces involved in the meeting, to be vocal. They can also attend technical advisors. The secretary shall be the council or the mayor saying.
Operation: There are regular meetings (when he needs advice) and extraordinary. The agreements are by consensus.
Functions: Analyze the situation of public security. Develop plans to prevent crime.
Basic principles of action
1) Suitability for the legal system:
· Exercise its function with respect to the constitution and the law.
• Acting with absolute neutrality.
• Acting with integrity and dignity, opposing corruption.
• Acting on the principles of hierarchy and subordination. When not contrary to the first point.
· Collaborate with the administration of justice and assisting it in the terms established by law.
2) Community Relations:
• Acting neutrally without physical or moral violence.
· A correct and careful treatment. Providing information on their interventions.
• Acting promptly under the principles of consistency, appropriateness and proportionality.
· Use the soul only when there is a serious risk to life or to that of other persons or situations of serious risk to public safety.
3) Treatment of detainees:
· The members of the security and police forces should be identified as such at the time of making an arrest.
· Ensure the life and physical integrity of the people they arrest or under their custody and to respect the honor and dignity of persons.
· They will observe compliance and due diligence procedures and deadlines while being arrested one person.
4) Professional dedication: They must always intervene at any time and place are on or off duty, to defend law and citizen security.
5) Professional secret: They must maintain the secrecy of the information known to them by reason of their work. They are not obliged to reveal their sources unless the laws require them.
6) Disclaimer: They are responsible for acts committed during its function in violation of the laws. And the liability that may apply to general government.
USE OF FIREARMS
The interior ministry in 1983 established an instruction on the use of firearms by members of the security and police forces, and that would be related to basic principles of action of the Organic Act 2 / 86.
· Self-defense: use of arms through illegitimate aggression always happens:
1) That the aggression endangers the life or lives of persons attacked.
2) That the agent use it necessary to repel the aggression.
3) If the above circumstances occur which is to warn an agent of authority.
4) Shoot the air or soil if their offensive attitude persists.
5) If all else fails, shoot nonvital areas.
· Of duty: only in case of serious crime.
1) Shoot the air or soil, as a deterrent to previous warnings
2) Shooting vital parts, not to shoot if you doubt the identity. Do not further damage the settlements to avoid, it is preferable for an offender to escape hurt the innocent.
HABEAS CORPUS
Organic Law 6 / 84, May 24, procedure for enforcing freedom of individuals. And if such restoration of rape (unlawful detention). Is to bring the detainee before a judge before the public hearing.
Illegal detention: illegally detained persons are considered:
a) those that are detained by anyone, without having met the requirements established by law.
b) They are placed in any establishment or place.
c) who have been detained for a longer period than those specified in the law.
d) the failure to meet their constitutional and procedural laws.
Competent Persons: The judge of where you are in custody, and if not where he had been arrested, or where they had heard from him. If the detainee before a terroristcentral judge of instruction. If military judicial robes in court.
Who can call the habeas corpus: The inmate, and a lot of relatives, the prosecution and the ombudsman. Can also automatically initiate the judge.
As it must be done: In written form or appearance without counsel or solicitor, with all data related to the detention, arrest data and so on. … The resolution is self motivated, and can perform the following steps:
Release the detainee if he was illegally detained.
That continued detention in the same place or another and others guarding him.
THE PROHIBITION OF TORTURE IN SPAIN
Torture means any act by which a person inflicts pain or suffering, whether physical or mental in order to obtain from him or a third person information or anything else when such pain is inflicted by a public official or under its mandate .
There are many laws that mention the prohibition of torture but we highlight the following notes:
· Disabled in the exercise of his profession any practical performance involving physical violence.
· Officials ensure the health of persons in their custody and doctors will assist them when needed.
· Limitation of firearms.
· Penando such treatment, the penal code makes mention of them.
MOBILITY
Voluntary transfer of local police officers from one template to another at a community without having to exchange and access procedures on duty other than free. There are several types of mobility:
· Vertical: when performed by accessing a higher level than the original.
· Horizontal: when the shipment is in the same category as the source.
Members of the local police have the right to fill vacancies on other bodies of the community as set forth in the regulations may reserve each year, this effector to a maximum of 20% of the vacancies.
Sanctioning Proceedings
With respect to serious and very serious misconduct, includes the following phases:
a) initiation: it starts from office by the administration on its own initiative or on request of one member of the body or on complaints from individuals. This phase can take the following preventive measures.
or temporary suspension for a period not exceeding six months.
or temporary withdrawal of the gun and badge
or prohibition of access to local police units.
b) management: is governed by the formalities of the law 30/92.
c) Instructions: the mayor or council appointed an instructor and if needed a secretary. The instructor will inform the accused of all, have 10 days to claim what it sees fit. And in another ten days will be answered by motion, allowing you another 10 days for new claims.
d) Termination: The instructor brings the proposed resolution to the mayor or council within 10 days. Finally, the competent authority takes a final decision, to which any appeals fit facultative and replacement.
e) Execution: implies the accomplishment of the decree or ruling sanctioning authority, the defendant may appeal the penalty within a month
– First innovations with regard to police matters, disappeared as n the concept of “pub lic order,” only stated as
limit religious freedom (art. 16.1) and the right of assembly (Article 21.2)
ITEM 2 .1 – well, art. 104 provides: “The FCS, under the jurisdiction of the Government shall have the duty to protect the free exercise of
IMPACT rights and freedoms and guarantee public security ”
IN THE EC – innovació n Another important distinctions between police and army n (Policia framed by the EC in the Tit. IV Adm Gobi “and Army
ORGANIZATION N in article 8 Tit. Preliminary Spain to ensure independence sovereignty, territorial integrity and defend ordenam. Const.
POLICE – The EC anticipates existence Judicial Police, judges and clerk of courts and prosecutor functions ascertainment Min …
– Although art. Spain exclusive jurisdiction 149.1.29 security, provides that Pol may create autonomous within law.
– It is also recognized in the art. 137 events to the Municipalities.
– And art 148.1.22 CCAA possibility of coordination skills and DMA s powers.
– But by Act 2 / 86 FCS confusing the situation, had bases but subsequent laws (before 2 / 86) slowed polic reform.
– Taking advantage of this Catalufa Basque Country and Navarre autonomous police.
– Something similar in the municipalities. The wave españ federation of municipalities and provinces organized Seminars on comp.Muni. Seg.Ciud.
– The organization No police term defined with the publication of the law 2 / 86 of FCS
– Act 2 / 86 FCS preamble: Organizació No reflection on police functions and objectives.
Preamble and Title I. FCS in general, Basic Principles (Article 5 .*) and common statutory provisions
Title II five titles. FCS State, common requirements, specific fucniones, Guardia Civil, Police and Judicial Pol
ITEM 2.2 (not expose the Title III. Autonomous Police, princ. General skills and reg. Statutory.
ORGANIZATION N chapters) Title IV coordination, collaboration, among pol. est. and auto. units and coordinating bodies attached.
POLICE V Titulp Local Police (art 51 to 54 *)
PLURAL
(not one of those – is organized org. pol. Although the burden is shouldered by the Adm. subsidiaries d Central.
questions but by – the law instructs the state public safety but acknowledges participation of Autonomous Communities and municipalities.
if you want to Jan-forces and state security bodies. Cuerpo Nacional Policia y Guardia Civil.
llar) – Police Corps FCS dependent CCAA.
Towns dependent local police
– For the first time all the police officers under a normasde same performance and about equal rights and duties
ba musicians: Prin. Bas. Act (s. 5) and common estaturias provisions (s. 6 to 8)
For a good way to respond should do, 1 introduction, 2nd applicable law, 3rd and 4th conclusion development
Local Police (not covered either but if that roll pa)
– Art. 51 LOFCS states that municipalities may establish their own local police bodies in accordance with law and legislation aut.
– Legislative precedents. The Cons. 1812 he attributed Muni. Ensure order and security and the Municipal Act 1877 World Ag. Armed
– Law 7 / 85 previous explicit safety in public places and traffic ordinance
– Paragraph IV of the preamble of the natural functions attributed it LOFCS Police to local police.
ITEM 3 ORGANI – – Exercise of security in town will be directly managed by them, management can not do indirectly (segurata)
POLICE ORGANIZATIONS – defined as “armed Institutes of civil nature, with No hierarchical structure and organization.
AFTER LAW
2 / 86. (Possible pre – FUNCTIONS (art 53.1)
questions: functions a. Local authorities protect and watch and ward buildings and facilities.
and local Boards s.) b.Ordenar, alizar Señ direct traffic in town.
c. Instruct accidents in crowded urban area. COMMUNICATING TO FCS.
d. Police on administrative ordinances and other provisions Bandos.
e. Participate as a Judicial Police working with FCS.
f. Providing assistance accidents, disasters Plans participating in Civil Protection.
g. Prevention Measures and commission action to prevent criminal acts within the framework established in Jun. Loc Seg.COMU —
Nicar FCS.
h. To monitor public spaces and work Aut FCS and Pol in maintaining order and demonstrations when required.
i. Cooperate in private disputes when requested to do so.
Añ Now add that in 53.2 specifies that items c. and g. communicate FCS and 53.3 can be created for traffic … (mobile agents)
and coordination in law 4 / 92 are two functions añ aden ma s “environmental protection and road education”
LOCAL BOARDS OF SECURITY
– Article 54 LOFCS “the Munic. Have own Local Police may be set JLS, FCS AGENCIES Collaboration”
– The instruction of the Directorate of State Security of 10 June 1988 on rules for JLS:
– Constitution: The creation of Adm. potestative Implied and can exist only in Munis with Loc.Propio Pol.
– Content: Presidncia Mayor, can share with delegates or Subd. Government, vocal leader or leaders in FCS
the municipality, the Local Police and if the dick Aut aseosres may accompany the Town Hall and the secretrario
– Operation: oridinarias periodicity may meet needs (I think it’s 6 months now) and extraordinary
when appropriate. Agreement by consensus and can decentralize functions in Security Seals district.
– Roles: Analyze situcacion; prevention plans, devise formulas FCS; study and evaluation of public safety reports;
promote effective cooperation of municipal level; take binding decisions and monitoring; demand fulfillment
agreements reached and to exercise functions in accordance with the law and resulted from the proppia board.
COMPENSATION SCHEME
– Regulated in art. 23 of the Law Reform Measures 30/1984de of Civil Service
– Salary, Segu No body proportionality and scales, classes or categories.
a. BASIC REMUNERATION – three years each, the same amount for each group per 3 an you employed there.
– Bonuses. Two per year or at least each paycheck and trienios.Junio and Dec.
– Complementary destination. Corresponding to the stand level. At present there
30 levels of extra allowance, they were attached to amount established in the
General State Budget. Inspect 28 to 30, Deputy Inspector 26 to 28; Journal
ITEM 4 REGIME 24 to 26, Sergeant 22-24, Sergeant 20-22, Cape 16-20, Police 12 to 16
STATUTORY
B. LOCAL POLICE REMUNERATION com –
5. retribuc regime. MENTARI – Add-specific. Special conditions for technical difficulty, dedication,
8. retirement, 2nd act responsibility, incompatibility, hazardous or painfulness.
– Complementary productivity. Special performance, interest and extraordinary activity
– Allowances for extraordinary services. Outside working hours.
c. Awards for service by reason.
RETIREMENT
– That of local officials Administraion is governed by TRRL and the local police in the LCPLCM (art. 39) conditions:
– The forced jubilaicion automatically be declared, how the official legal age defined.
– For permanent incapacity to exercise a declaration of its own motion or request.
– Voluntary retirement was declared on application when an OS is 60 and over 30 are serv.
SECOND ACTIVITY
– When an official has diminished their ability to perform the service due to illness or age oridinario happen with sigui:
– By age of 55 never-before an OS
– By disease mé dico opinion
– General rule cops develop it in the same body and if not possible in the same fasted and in another as possible.
– The 2nd step is not reduced or additional compensation except sicas ba derived from the destination where you go.
– In the event that the org. template does not allow 2nd body remain there until the Corporation shall determine.
CLASSIFICATION PENALTIES
– Segu No art. 48 of LCPLCM members of the LP they may impose the following sanctions:
– Separation of service
a. For gross misconduct ——
– Suspension from office is three to six añ os
– Suspension of duties for less than three years you
b. For serious offenses —————— – Reassignment
– Immobilization on the ladder for a period not exceeding five years you
– Suspension of one to four days of roles and remuneration
c. For misdemeanors ———————
– A warning.
Sanctioning Proceedings
– Segu n art. Add 28 LOFCS file early and rapidly.
– Art. 51 LCPLCM Royal Decree 33/1986 refers to the Disciplinary Regulations of the State Administration Officials
SYSTEM UNIT 5 comprising the following stages, in relation to serious and very serious faults:
DISCIPLINE – automatically, on its own initiative, request or complaint reasoned particular body component
4. Match san – opening period by the control information that raised a competent organ (councilman, mayor) to take
5. Porco. Sanction. one of three alternative decisions: – Initiation of the file
6. prescription. and canc. – Return the report requesting further diligence. Informative
A. INITIATION – The file if it finds that no sufficient reason.
– If adopted, it should initiate some of these preventive measures:
a. Provisional Suspension for a period not exceeding 6 months.
b. Temporary withdrawal of the weapon and credentials.
c. Prohibition of access to the premises without permission.
B. MANAGEMENT – All proceedings are initiated ex officio by the administration which are governed by Law 30/1992
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– When the Mayor or Alderman initiation appointed Instructor in the file that the defendant may challenge.
– The instructor took the accused and to issue declaration statement of objections and possible lack typifying penalties.
C. INSTRUCTION – within days to answer these posts because it considers relevant and providing evidence.
– Instructor abrieno rule on these test phase if he thinks fit.
– Notify the defendant proposed resolution that will have ten days for new claims.
– The instructor brings the proposal to the Mayor or Councilman resolution within 10 days
REGIMEN D TERMINATION UNIT 5 – The autoridadadoptara final decision against which appeal may be brought in facultative and replenishment,
DISCIPLINARY Segú No provisions of Law 30/92 RJAPPAC
4. Match St
5. Porco. Sanction. – This involves the implementation of the resolution od decree sanctioning authority.
6. prescription. and canc. E. EXECUTION – The misdemeanors less complex procedure only requires the hearing procedures
below – if the authority considers that as negligence is limited to prescribe penalties. If it is dissatisfied resources.
– For three fouls, gr. Mgr and lev. The accused can appeal to the administrative courts.
PRESCRIPTION
– Segu n art. 28.1 LOFCS, 50 LCPLCM and art. 20 of RD 33/1986 misconduct shall be barred (not be penalized):
– Minor offenses, per month
– Misconduct, two añ os
– Very serious offenses, six añ os.
– It is important to distinguish between prescription and cancellation as it vanishes when you cancel the annotation of the sanction.
– Segu No art. 28 LOFCS the cancellation at the request of the person concerned must show good conduct were agreed:
– The minor, six months after the date of compliance with the sanction
– The serious offenses, two añ os
– The gross misconduct, not sanctioned by the separation from service six añ os.