CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 54: Prohibition of use of force, other means and firearms

1No force and other coercive means shall be used during arrest, movement outside the institution, enforcement of security measures or punishment of a child, except for exceptional/extraordinary cases, when all the other means to arrest the child, prevent self-harm or harm to others have been exhausted and ineffective, and unless the purpose foreseen in the law may not be attained through other less harmful means.

2Force and other coercive means may, in no case, be used on a pregnant child unless the child has the intention to harm herself.

3In the case provided for by paragraph 1 of this Article, the only form of force and other means that are allowed shall be physical restraint, handcuffs and other stringent means. In order to prevent group disobedience and/or mass disorder, repel an attack and arrest an armed person other stringent means may be used including rubber batons, restraining nets, tear gas and/or water cannons.

4In any event, physical restraint and other means:

ashall be applied for the shortest time possible;

bshall be applied to attain an objective stipulated by law, and shall be proportionate to the circumstances;

cshall not be applied in a degrading or humiliating manner and shall not constitute torture or maltreatment.

5Firearms may not be used against a child, unless the child is armed and immediately poses a direct and imminent threat to the life or health of a third person and if it is impossible to prevent such threat through other means.

6Firearms shall not be used when the child is escaping prison or detention facilities.

7The person who uses force and/or other means, according to this article, shall notify immediately thereof the superior and, if necessary, the head of the institution concerning such use, by providing the reasons why other measures could not have been used.

8The direct superior shall ensure immediately the medical examination of the child. A person who uses force and/ or other means shall prepare a written report thereon. The report shall contain information on the use of force and/or other means, the justification for using them and other related information.

9Each case of use of force and other means shall be recorded in the respective registry-book.

10The registry-book and its data shall be made available to children, their legal representative and/or lawyer, court and authorities that, according to the legislation in force, inspect and/or supervise this activity.

11The right to use the means under paragraph 3 of this article shall be entitled only to the persons who are specifically trained for their use, according to the rules in force on the use of firearms.

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