Local Police Law 2/86: Guide to Security Boards, Firearms Use & More

Posted on Nov 13, 2024 in Law & Jurisprudence

Local Police Law 2/86

Local Boards of Security

Article 54 of Law 2/86: Municipalities with their own police force can establish a Local Board of Security to determine collaboration among security and police forces.

Constitution: Creation depends on the administrations involved and having their own police force. It’s done through an act signed by the government delegate and the mayor.

Composition: Chaired by the mayor, unless the government delegate attends, then shared. Heads of involved police forces are vocal members. Technical advisors may also attend. The secretary is the council or mayor’s appointee.

Operation: Regular meetings (when advice is needed) and extraordinary ones. Agreements are reached by consensus.

Functions: Analyze public security, develop crime prevention plans.

Basic Principles of Action

1. Suitability for the Legal System

  • Exercise functions with respect to the constitution and law.
  • Act with absolute neutrality.
  • Act with integrity and dignity, opposing corruption.
  • Act on hierarchy and subordination principles, unless contrary to the first point.
  • Collaborate with and assist the administration of justice as established by law.

2. Community Relations

  • Act neutrally, without physical or moral violence.
  • Provide correct and careful treatment, offering information on interventions.
  • Act promptly under consistency, appropriateness, and proportionality principles.
  • Use force only when there’s serious risk to life, others, or public safety.

3. Treatment of Detainees

  • Security and police forces must identify themselves during arrests.
  • Ensure the life, physical integrity, honor, and dignity of detainees.
  • Observe due diligence, procedures, and deadlines during arrests.

4. Professional Dedication

Intervene at any time and place, on or off duty, to defend law and citizen security.

5. Professional Secret

Maintain secrecy of information learned through work. Not obligated to reveal sources unless legally required.

6. Disclaimer

Responsible for acts committed during function in violation of laws, and general government liability.

Use of Firearms

The Interior Ministry’s 1983 instruction on firearm use relates to the Organic Act 2/86’s basic action principles.

Self-Defense

  1. Aggression endangers the life or lives of those attacked.
  2. Firearm use is necessary to repel aggression.
  3. Warn an agent of authority if the above circumstances occur.
  4. Shoot in the air or at the ground if the offensive attitude persists.
  5. If all else fails, shoot at non-vital areas.

Duty

Only in case of serious crime:

  1. Shoot in the air or at the ground as a deterrent after warnings.
  2. Shoot at vital parts only if identity is certain. Avoid further damage and prioritize innocent safety over apprehending offenders.

Habeas Corpus

Organic Law 6/84, May 24, outlines the procedure for enforcing individual freedom and addressing unlawful detention. It involves bringing the detainee before a judge for a public hearing.

Illegal Detention

Illegally detained persons include:

  1. Those detained without meeting legal requirements.
  2. Those placed in any establishment or place illegally.
  3. Those detained longer than legally specified.
  4. Those whose constitutional and procedural rights are violated.

Competent Persons

The judge of where the person is in custody, or where they were arrested or last heard from. For terrorist detainees, the central judge of instruction. For military personnel, the judicial robes in court.

Who Can Call Habeas Corpus

The inmate, relatives, the prosecution, and the ombudsman. The judge can also initiate it automatically.

Procedure

In writing or appearance without counsel, including all detention and arrest data. The resolution is self-motivated and can lead to:

  • Release if illegally detained.
  • Continued detention in the same or another place, under different guard.

Prohibition of Torture in Spain

Torture is any act inflicting physical or mental pain or suffering to obtain information or anything else, when inflicted by a public official or under their mandate.

Key notes on torture prohibition:

  • Physical violence is prohibited in professional practice.
  • Officials must ensure the health of detainees, with medical assistance when needed.
  • Firearm use is limited.
  • The penal code penalizes such treatment.

Mobility

Voluntary transfer of local police officers between community templates without exchange or access procedures, other than free duty.

Types of Mobility

  • Vertical: Accessing a higher level.
  • Horizontal: Transfer within the same category.

Local police can fill vacancies in other community bodies as regulated, up to 20% of vacancies annually.

Sanctioning Proceedings

For serious and very serious misconduct:

a) Initiation

Starts automatically by the administration, upon request, or complaint. Preventive measures include:

  • Temporary suspension (max. 6 months)
  • Temporary withdrawal of gun and badge
  • Prohibition of access to police units

b) Management

Governed by Law 30/92.

c) Instruction

Mayor or council appoints an instructor and secretary if needed. Accused is informed and has 10 days to claim, followed by a 10-day response and another 10 days for new claims.

d) Termination

Instructor submits the proposed resolution to the mayor or council within 10 days. The competent authority makes the final decision, which can be appealed.

e) Execution

Implementation of the sanctioning authority’s decree or ruling. Defendant can appeal within a month.

Police Organization After Law 2/86

Law 2/86 established a framework for police organization in Spain, outlining the functions and objectives of various police forces.

  • State Security Forces and Bodies: Cuerpo Nacional de Policía and Guardia Civil.
  • Autonomous Police Corps: Dependent on the Autonomous Communities.
  • Local Police: Dependent on municipalities.

This law unified performance standards and established equal rights and duties for all police officers.

Local Police

Article 51 LOFCS: Municipalities can establish local police bodies according to law and autonomous legislation.

Functions (Article 53.1):

  • Protect and watch over buildings and facilities.
  • Direct traffic.
  • Instruct accidents in urban areas (communicating to FCS).
  • Enforce ordinances and bandos.
  • Participate as Judicial Police.
  • Assist in accidents and disasters.
  • Prevent criminal acts.
  • Monitor public spaces and maintain order.
  • Cooperate in private disputes when requested.

Law 4/92 added environmental protection and road education to the local police functions.

Compensation Scheme

Regulated by Article 23 of Law 30/1984.

  • Basic Remuneration: Three-year increments within each group.
  • Bonuses: Twice yearly or per paycheck.
  • Complementary Destination: Based on position level.
  • Complementary Productivity: For special performance and activity.
  • Allowances: For extraordinary services outside working hours.
  • Awards: For service by reason.

Retirement

Governed by TRRL and LCPLCM (Article 39).

  • Forced retirement at legal age.
  • Retirement for permanent incapacity.
  • Voluntary retirement at 60 years old with 30 years of service.

Second Activity

For officers with diminished capacity due to illness or age.

  • From 55 years old.
  • Due to medical condition.

Usually within the same body, or similar position if not possible.

Classification of Penalties

According to Article 48 of LCPLCM:

  • Gross Misconduct: Separation from service, suspension (3-6 years).
  • Serious Offenses: Suspension (less than 3 years), reassignment, immobilization (max. 5 years).
  • Misdemeanors: Suspension (1-4 days), warning.

Prescription

According to Article 28.1 LOFCS, 50 LCPLCM, and Article 20 of RD 33/1986:

  • Minor offenses: 1 month
  • Misconduct: 2 years
  • Very serious offenses: 6 years

Cancellation differs from prescription and involves removing the sanction record.

Cancellation

According to Article 28 LOFCS, cancellation requires demonstrated good conduct:

  • Minor offenses: 6 months after compliance
  • Serious offenses: 2 years
  • Gross misconduct (not separation from service): 6 years