Assaulting a handcuffed detainee

Supreme Court · Second Chamber (Penal) · 2016

What the Supreme Court considered and decided

The court upheld officers’ convictions for violating a detainee’s moral integrity. It distinguished active participation from failure to intervene and corrected part of the sentencing assessment.

What this helps explain

Police custody generates protective duties; the responsibility of each intervener must be motivated separately.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.