– The case deals with the limits for the legal use of force by the police and has great significance for where the limit for what is within the framework of the Police Act goes, says Elden to NTB.
The policeman was charged with grievous bodily harm and grossly negligent breach of duty after he used violence against Kevin Simensen and for hitting his friend Kristian Teigen with a baton.
The incident took place at the Esso station in the center of Kongsberg on the night of Sunday 30 October 2022.
– The policeman must be acquitted
The Supreme Court will hear the case on 12 and 13 November after deciding to take it up earlier this year.
The policeman was first acquitted in the district court, when the majority believed that the use of violence was justifiable. In April, however, the policeman was sentenced in the Borgarting Court of Appeal to 120 days in prison, which the defenders immediately appealed.
– The appeal concerns the application of the law, the proceedings and sentencing. We believe that the policeman must be acquitted by the Supreme Court in this case, says Elden.
Room for misjudgments
Elden believes the case will have a major impact on whether, and possibly when, the police can use force.
– In legal practice, a relatively broad framework has been set up for incorrect assessments when assessing the act of service afterwards.
– The scope of the room for misjudgments will also have an impact on which situations police officers will be willing to intervene in in the future in view of the risk of their own prosecution afterwards, he adds.
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2024-09-21 20:47:39
