Criminal liability for a police officer exceeding the limits of force in Bahraini legislation: A comparative study.

Document Type : Original Article

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Faculty of Law - Mansoura University

Abstract

Every act performed in fulfillment of a duty is governed by two fundamental rules: the first is that the person performing the act must be certain that it is in fulfillment of the duty, and the second is that the act must not exceed the limits necessary to fulfill the duty. If either or both of these rules are ignored, the act is considered unlawful. The unlawful acts committed by public officials or those in equivalent positions, related to their assigned duties, are referred to as 'functional crimes,' which, regardless of their forms, constitute a breach of duty that disrupts the proper functioning of public institutions in the state. Consequently, the legislator imposes criminal liability on public officials for violating any of their duties, including the duty to exercise moderation in the use of authority and not to exceed it.

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