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Administrative Police

Introduction

Administrative police means a public service activity aimed to maintain public order, resulting in the setting of standards and controls recurrent. Since the administrative police have many prerogatives, the problem of suffering inherent in the office arises. Administrative police was distinguished from the judicial police following the imposition of the code of criminal offenses and penalties in 1795. This functional distinction between the judicial and administrative police corresponds to the distinction between crime prevention and repression of crimes. This distinction, however, was undermined as situations changed. While the main aim behind administrative police is to “prevent” criminal activities, the mission of judicial police is to “enforce” the law (Reiss, pp. 130-165). This tends to be at the heart of all their activities under different situations.

Police Administration is one of the forms of administrative activity which consists in the intervention or limitation of activity of individuals for reasons of general interest to bring the public interest with private interests. The main aim here is not to create awareness about the avoidance of crime, but to control it once it occurs. Another definition with specific criteria could be: “the police executive management is the tool works, but also “a priority” for the record-of the resolutions of the Administration are entrusted with the proper performance of the legal system, claiming in each case their violations”. This definition introduces the idea of ??a working group with tasks of inspection and investigation, aimed to report the facts constituting of an administrative offense. Instead, administrative police does not expect to receive this information to act, but works for inspecting and investigating matters which are clarified (Zapler, pp. 189). Authorities have established certain rules and regulations to be acted upon, in each situation:

Exclusive jurisdiction of the state: the state police perform administrative functions under exclusive powers that are contained in Article 149 of the Constitution.

Regional powers: the regional police perform functions of administrative police in matters in which the Regional Government has a mandate. And merely report the facts constituting the missing items for which competition has not been transferred. All agents Autonomous Police Corps, at a given time, may develop administrative police functions, whether framed in a group with administrative tasks themselves, or not.

Powers of local authorities: the competences of the municipalities are laid down in Articles 25 and 26 of Law 7/85, local government database, as well as by Articles 63 and 64 of Law 8/87, municipal and local government of Catalonia. According to Article 53.1d of the Organic Law 2/86 of the Security Forces, local police bodies are to exercise the function of administrative police, to ensure compliance with regulations, ordinances, sides, resolutions , other provisions and local acts in accordance with current legislation, in its scope and competence (Cole, pp. 176).

Distinctions between Judicial and Administrative Police

Proceedings of the administrative police are in principle to the jurisdiction Administrative, whether to challenge the legality of police action or to continue a public person for damage caused by ...