The Use of Force by Police and Security Personnel: Between Permissibility and Criminal and Administrative Liability in Iraqi Law

Abstract

Abstract: The use of force by the police and security forces to protect public order is not absolute and permissible in all cases, but it must adhere to the reasons and principles governing this use, so that the use of force by members of the public authority is not prohibited, and then its responsibility is realized due to its arbitrariness or deviation in the use of force in both parts. Material and moral, as if the responsibility of the police and security personnel is achieved here, it can be based on the traditional trend that evaluates responsibility on the basis of error or without error, However, the developments taking place and the expansion of the administration's activity and its use of force in most cases to address the disturbances facing the state, it was possible to establish this responsibility on the text of the law directly, as the establishment of this responsibility is not limited to criminal responsibility only, which may take forms of abuse in the use of force or the use of cruelty, Rather, civil responsibility can be achieved with it, in addition to the disciplinary responsibility of the police and security personnel. It was found that the responsibility of the police and security men in general, according to the general rules within the scope of responsibility, was based either on the basis of error or on the basis of risks without fault, that is, on the basis of bearing the effects of the use of force. © 2023 TUJR, College of Law, Tikrit University