ISSUES OF POLICE POWERS OF IDENTIFICATION IN SLOVENIA

DOI: https://doi.org/10.46763/SCGW24278p

Keywords: police, establishing identity, recording of police procedures, arrest, detention, human rights and fundamental freedoms, legality

Police officers exercise the police power of establishing identity on a daily basis. It is one of the mildest

repressive measures that police officers use to interfere with the human rights and fundamental freedoms of

citizens. Any restriction of human rights and fundamental freedoms in police procedures must comply with

the requirements of a democratic society, the rule of law and the supremacy of law. The fundamental rule of

any democratic society or state is that the state has no right to interfere with the rights of an individual until

there is a certain degree of probability that the individual has violated the legally defined social norms. A

sound knowledge of police powers is the basis for the lawful, professional and correct execution of police

tasks. It is also important that those involved in police procedures are aware of the duties of a police officer.

The latter is important not only to enable people to assert their rights if they feel they have been infringed,

but also to ensure that people do not resist or otherwise encourage harsher police action in the legitimate

exercise of police duties.

This article fully defines the legal basis of the police authority to establish identity in the police procedure.

It outlines the types of police procedures and the ways in which persons may fail to cooperate in the

procedures, as well as the measures taken by police officers to ensure the successful performance of the

police task, which include the police powers of arrest and detention. The issue of recording police

procedures by the police and by citizens is also highlighted.

Finally, guidelines are given that relate to the issue of the power under consideration and to ensure the safety

of police officers.

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