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article in Spanish

ARTICLE 5 OF THE SECURITY CORPS ACT

introduction:

Preamble II (SCA) indicates:

Following the guidelines established by

The Declaration on the Police (Council of Europe) and the Code of Conduct for Law Enforcement Officials (United Nations), becomes a real deontological code binding all Police Forces in Spain.

http://assembly.coe.int/Documents/AdoptedText/ta79/ERES690.htm

have a look at:

Abiding by the legal order (s. 5.1)

Professional dedication (s. 5.4)

Professional secret (s. 5.5)

Section 18 Spanish Constitution

Section 22 Data Protection Act

Section 413-417 Spanish Criminal Code

They shall act with the uttermost dedication. Acting in any time or place defending Public Security, even if not on duty.

Their information is confidential and they shall not reveal their sources (unless obliged by the Law)

problem!

1. Execute functions with respect for the Constitution and Legal order

2. Act with political neutrality and avoid racial and gender discrimination

3. Act with integrity and dignity, always opposing corruption

4. Act according to the principles of hierarchy and subordination. Due obedience will never be used for the committal of crimes or illegal acts

5. Collaborate with the Administration of Justice

section 410 Spanish Criminal Code:

punishes authorities and civil servants that deliberately disobey the order of a superior officer. Orders that are formally legal, within their scope of competence. However, those who disobey an order that is brazenly against the Law or Legal order shall not incur in criminal liability

therefore, as indicated in Preamble II "due obedience" shall never justify the commission of illegal acts if ordered by superior officers. Security Corps must avoid abuse, or random discrimination or physical and psychological violence

this doesn't mean they are on duty the whole of their lives, but they have to act if necessary.

Relations with the Community (s. 5.2)

1. Avoid any act implying discrimination or physical or psychological violence

2. Treat citizens respectfully, trying to protect and aid them. They shall inform of the causes of their acting

3. Act with the adequate determination, avoiding any imminent harm. guided by the principles of Congruency, Opportunity and Proportionality (C.O.P.)

4. They shall resort to arms only in cases of grave peril to their integrity (or of others) or to citizen security. According to the C.O.P. principles.

Habeas Corpus!!!

did you know that????

Treatment of detainees (s 5.3):

liability (s. 5.6)

section 17 Spanish constitution sets the Habeas Corpus Procedure:

Detentions of 72 hours max and legal procedure for illegal detention (release or before judge)

They are liable directly and personally for their acts. If their breach any laws. Yet the Public Administration might also be economically liable

1. when detaining, they shall identify themselves

2. Protect the lives and integrity of those detained or under custody and respect their honor

3. Due diligence in terms of deadlines and procedures when detaining

Security Corps can be liable:

Civil

Criminal

Disciplinary

by Jorge Ramiro Pérez Suárez

Oh no, Mario... what are you doing?

The Spanish Constitution (106.2) sets the idea of citizens being granted damages if suffered breaches in rights or goods because of the acts of The Public Service (minus force majeure)--> Strict liability principle

The Criminal code s 121 sets the idea of the Administration (State, Autonomy, etc) being liable for damages caused by agents of it

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