Resisting arrest

From Wikipedia, the free encyclopedia

In some countries, resisting arrest is a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:

  • fleeing a police officer while being arrested
  • threatening a police officer with physical violence while being arrested
  • physically struggling to get out from being restrained (handcuffed or put into the police vehicle)
  • attacking a police officer while being arrested
  • providing an officer with false identification (either verbally or by presentation of a false official document, i.e. a fake ID)

The website Resisting Arrest[1] states that not all arrests are lawful and based upon probable cause. However, an attempt at resisting arrest can lead to additional charges. It is also possible that an overzealous[2] police officer might try to justify the use of excessive force by claiming that the person was resisting arrest.

Similar offenses may be defined very differently in other countries. [citation needed]

United States

The courts in the United States of America regard resisting arrest as a separate charge or crime in addition to other alleged crimes committed by the arrested person. It is possible (and has happened)[citation needed] to be charged, tried and convicted on this charge alone.

Denmark

The Danish penal code[3] makes allowance for some forms of eluding and thus is very different from the penal code in the United States.

Norway

Resisting arrest in Norway can be punished with up to 3 months in jail. [citation needed]

Taiwan

Any arrest, not in accordance with the procedure prescribed by law, may be constitutionally resisted.[4] Conversely, knowingly and willfully resisting a lawful police arrest with threats or violence may indirectly constitute obstructing official duty.[5]

See also

References

  1. ↑ http://www.resistingarrest.com/
  2. ↑ Defined on Wiktionary as Too zealous; too enthusiastic, determined; too fervent.
  3. ↑ RM 9-1994: Meddelelse om overtrædelse af straffelovens § 119, stk. 3., State prosecutor of Denmark
  4. ↑ Article 8, Chapter 2, Constitution of the Republic of China
  5. ↑ Article 135, Criminal Code of the Republic of China


This article is issued from Wikipedia. The text is available under the Creative Commons Attribution/Share Alike; additional terms may apply for the media files.