Use of Direct Coercive Measures Against Minors

Abstract

The increasing number of criminal acts committed by minors, particularly against life and health, year by year, is causing growing social concern and negatively affecting both the sense of secu-rity and its objective state. Law enforcement agencies and the judiciary report an intensification of ag-gressiveness, ruthlessness, brutality, and increasingly, crimes committed by organized criminal groups. Police and security officers indicate a rising number of instances where minors involved in interventions do not comply with issued orders or lawful behavior, necessitating the use of direct coercive measures against these individuals. The use of direct coercive measures against minors requires the fulfillment of specific formal conditions, including, among others, the determination of an immediate threat to the life or health of officers, bystanders, or the minor themselves, as well as the ineffectiveness of other, less invasive persuasive measures. When applying such measures to minors, it is also crucial to adhere to the principle of proportionality, meaning that the use of force must be appropriate to the level of threat and aimed at maintaining public order rather than solely serving a repressive function. This article is dedicated to analyzing the existing normative regulations governing the use of direct coercive measures against members of society who are on the verge of adulthood. The research methodology is based exclusively on the analysis of legal acts, particularly laws and regulations defining the rules for the use of coercive measures by state service officers. The purpose of the analysis is to discuss current regulations and identify their potential consequences for the practice of applying coercive measures against minors.