Polisens användning av skjutvapen - om förenligheten mellan den rättsliga och praktiska tillämpningen

Sammanfattning: The purpose of the study is to present the current regulation concerning the Swedish police’s use of firearms and thenceforth investigate whether the regulation is satisfactory or if changes are required. The legal right to use violence is stated in 10 § in the police-code, and the right to use firearms is stated in the firearm proclamation and the national police board’s regulation FAP 104-2. In order to get a comprehensive picture concerning the police’s use of firearms in practice, some preliminary investigations, practice and interviews with policemen will be presented. In addition, expositions regarding the police training is also described, in order to see how the regulations are used in the education. Furthermore a comparison is made with the Finnish regulation, to give perspective in what way police’s use of firearms can be regulated. With regard to scientists’- and jurist statements, the result expose the need to change the firearm proclamation due to its complicated and incomprehensible enunciation, which is not appropriate with regard to the quick decisions policemen must take in situations where firearms can be used. The firearm proclamation’s ambiguous configuration has resulted in a more frequent use of self- defense according to 24 ch. 1 § penal code, than the use of the legal authority to use firearms according to 2 § the firearm proclamation. In comparison with the Finnish police, a correlation is found between the reduced number of injuries and deaths, through the police use of firearms, and how often the legal authority is used. The conclusion is that the firearm proclamation should be changed with a main purpose to give general authority to use force and facilitate the judgements policemen need to take. Due to the quick escalation of criminality in Sweden, scientists’ should be open for investigating the police-code and adjust it. FAP 104-2 already changed 2016 and is currently not in need of changes.