Presentation on theme: "Preface Even though the work nature of the policeman, who is counted as the protector of security and order, trustworthy of the lives, honors and properties."— Presentation transcript:
Preface Even though the work nature of the policeman, who is counted as the protector of security and order, trustworthy of the lives, honors and properties of the citizens, is distinguished from other kinds of work, and since the motive of the policeman should spring from the conscientious brightness established in the sense of duty, the policeman, however, with all the characteristics he enjoys including moral values and high standards is a human that can err and be right, and has the emotions, trends and inclinations found in others. Therefore, it is necessary to determine other incentives for the policeman who is executing the great duty he is charged with. Some of these are positive (like rewards and salaries) and some are harmful (like punishments and committal to disciplinary boards).
First Topic Infringement of Public Freedoms Public freedoms are considered sacred. All states, irrespective of their different ideologies, religions, traditions,… etc., endeavor to guarantee their people such freedoms. The law ordains the arrest of the perpetrator of a witnessed criminal or delinquency without any infringement of people’s freedom which constitutes a penal crime necessitating legal punishment. And in order to consider a crime as such, three conditions (basic elements) must be satisfied. 1. Material element (arrest or detention). 2. Immaterial (morale) element (criminal intent). 3. Legal element (perpetration of the action in a manner violating the law).
First – The Material Element (Arrest or Detention): This concept is manifested through the infringement of the freedom of a citizen by a policeman in a manner that violates the provision of the constitution and the effective laws and regulations. Second – The Immaterial (morale) Element (criminal intent): The criminal intention of the perpetrator of such offense is constituted if the policeman executed it with intent. Third – The legal Element (perpetrator of the action in a manner violating the law): It is the presence of the law that forbids the seizure of freedom without justifiable cause.
Second Topic Infliction of Bodily Harm First: The concept of the infliction of bodily harm intends to injure the human being in his health and disturb its order, and breakdown life function in whole or in part. Second – The Material Element The infliction of harm or assault on bodily safety can be defined as “acts of battery, wound and harm”. Third – The Morale Element (the intent of harm or to cause damage to body safety): Battering wounding or infliction of harm by the offender out of knowledge and will suffices.
Third Topic Violation of Dwellings Sanctity The constitution’s adoption of the provision of the article /31/ was in sanctification of the dwelling’s freedom. First – The Basic Element on which the Offense of Dwelling Sanctity Violation is Constituted: Constitution of this offense requires the following elements: A – The Material Element: The entry (breaking in). This entry must occur virtually and against the will of that who has the right to prevent the actor from entering. B – The Morale Element: This element means that the actor’s will is dedicated to achieve the criminal end which is the entry in spite of the opposition of the one who possesses the right.
Second – Entry into the Dwellings and Searching them by Policemen: A – The cases in which entry into a dwelling and searching it is permitted: 1. In the Case of witnessed Crime. 2. Entering and searching a house under Judicial Warrant. 3. Entering and searching a house under the owner’s permission and satisfaction.
Fourth Topic The Offense of Bribery Bribery is one of the offenses of assault on the public welfare. It is agreed among scholars that bribery is the trafficking (trading) of an official duty. Second – The Material Element of the Offense of Bribery: This is asking for a benefit or accepting it in exchange of corrupting the occupational duties. 1. Acceptance: This means to accept deferred payment or accept a deferred gift. 2. Demand: This constituent realized by one of two things, consent on the part of the one who needs something through the act of GIVING and the corresponding act of TAKING on the part of the employee.
Conduct Treatment First Topic Conduct Punishments First – Principles of the Conduct Punishment: A. Each chief should declare the faults of his subordinates once they occur and repress them with his advice and warnings. B. When the chief assesses that he should impose a conduct punishment against a policeman then he must take into account that: 1. The punishment must be imposed in the interest of the service. 2. The punishment must consistent with the wrongdoing. 3. The first punishment should not be imposed except with utmost deliberation. 4. The punishment is individual. 5. The soldier should not be punished more than once for the same mistake.
C- Conduct punishments are intensified in the following cases: 1. Repetition of mistakes. 2. If mistakes are common (joint). 3. If mistakes are perpetrated before subordinates. 4. If discipline is corrupted during perpetration of mistakes.
Second – Causes and Types of Punishment: A. Causes of punishment: 1. Lack of respect for laws, regulations, authorities, or chiefs. 2. Violation of military rules, instructions or orders. 3. Disclosure of views that disturb public order. 4. Offend the dignity of conduct. 5. Lagging, laziness or negligence in the implementation of duties. 6. Lying and trying to escape from liability of perpetrated acts.
B. Types of Punishments: 1. Mild Conduct Punishments: A. Officers’ Punishments: · Written warnings. · Minor suspension. · Severe suspension. B. Noncommissioned Officers’ Punishments: · Minor suspension. · Severe suspension.
2. Severe Conduct Punishments: A. Officers’ Punishments: · Retirement punitive unemployment. · Disbandment for disciplinary cause after one year of punitive unemployment for whom the disciplinary board decides not to return to service. B. Noncommissioned Officers’ Punishments: · Dismissal. · Removal from office. · Loss of rank. · Degradation of rank. C. Individuals’ (Soldiers) Punishments: · Dismissal. · Removal from office.
Second Topic Disciplinary Boards The disciplinary boards are authorized by the interior police regulation to provide substantiated opinion in: A. Imposing severe conduct punishments against the police soldier: B. Committal the police soldier to the judiciary for crimes arising from his job.
Conduct investigations: A. Nature of the Conduct Investigations: Conduct investigation is a minute (record) organized by the judicial police which assist the Military General Prosecutor in the crime perpetrated by police soldiers in matters connected with their jobs, in the weighty conduct mistakes perpetrate by them on the discipline, regulations and orders, and in the complaints submitted against them.
Conclusion Through the aforementioned study, we have surveyed the major crimes that may be perpetrated by policemen while exercising their official tasks of which they are charged by law. It is noted that the complaints raised against them result from their perpetration of offenses such as seizure of freedom, infliction of bodily hark, violation of the dwelling sanctity and bribery. The law warranted the presence of deterring punishments against everyone who trespasses the law on purpose, and warranted for every citizen the right of resorting to the judiciary for a complaint against and act involving violation of the law, even if such act is committed by policemen while performing their duties, as long as such violation is not legally justified. In addition to the criminal impeachment to which the policeman may be subjected due to violating the law, he might be liable to conduct questioning by disciplinary boards in the mentioned manner.