• Maria Rahbek Andersen
  • Freya Gitte Rønnov
4. semester, Jura, Kandidat (Kandidatuddannelse)
In this thesis we have chosen to study how complaints against the police are dealt with in Denmark. We have chosen this topic for our inquiry with the aim of discerning when an incorrect action falls in the category of cases of criminal liability or merely a complaint over a breach of correct police procedure in a concrete case.
The latter may lead to a disciplinary sanction either in the form of a reprimand or, in more severe cases, a fine. Criminal proceedings against a police officer is a serious matter where a conviction may lead to ensuing dismissal. On the other hand, a serious and transparent process regarding police complaints is of crucial importance to the public’s experience of trust and credibility to law enforcement authorities, which is why we consider our topic of utmost, societal importance.
In our thesis we shall employ annual reports from The Independent Police Complaints Authority, case law and legal literature to establish current legal practices in this area.
We have chosen to apply the following mode of differentiation in this study:
Firstly, we have compared general patterns of distinction between complaints about police misconduct, with criminal cases against the police under the Penal Code’s § 155.
Secondly, we have compared more specifically the distinction between alleged police misconduct in the application of force, with criminal cases regarding improper use of force, mainly as regulated by the Penal Code’s §§ 244-245.
Furthermore, the study intends to clarify the elements which may come into play in The Independent Police Complaints Authority’s rulings in these cases.
Finally, our thesis also provides a brief introduction to the most important theories relating to problematic aspects of policing in practice, e.g. the rules and regulations about necessity and self-defence.
Since our material about alleged breach of correct police procedure is obtained from The Independent Police Complaints Authority, we have included a brief structural description of the Authority. The more serious crimes/allegations are dealt with by the Danish Public Prosecutor, which is likewise described in brief.
Udgivelsesdato9 maj 2016
Antal sider62
ID: 233180938