(Objective of the present Law)
Article 1. The objective of the present Law is to determine the necessary means to be taken by the officials of both National Rural Police and Police of Autonomous Entities (hereinafter to be called as a police official) for the performing faithfully such authorities and duties of protecting lives, persons and properties of the people, preventing crimes, maintaining public safety as provided for by the Police Law (Law No.196 of 1947) and the enforcement of other laws and ordinances.
Such means as provided for in the present Law shall be resorted to in the minimum necessify, and far from being abused.
(Questioning)
Article 2. A police official may stop and question any person who, police official has sufficient ground to suspect, committed or is about to commit a crime whatever, judging reasonably from the person's unusual actions and or other surrounding circumstances or who, a police official considers, has information of the crime having already been committed or about to be committed.
In case when a police official considers that asking such questions on the spot as provided for in the preceding paragraph may handicap the subject person, obstruct the traffic, he may ask him to come to a police station near by, police box or police sub-station for questioning.
A person referred to in the preceding two paragraphs shall not be detained or forced to come to the police station, policebox or police sub-station or to answer questions against his will, except in accordance with the provisions of the Law concerning Criminal Prosecution.
A police official may search a body of a person for a dangerous weapon, who is placed under arrest in accordance with the Law concerning Criminal Prosecution.
(Protection)
Article 3. In case when a police official, judging reasonably from the person's unusual actions and or other surrounding circumstances, finds a person falling clearly under any of the following items and has reasonable ground to believe that the subject person is requiring urgent relief and protection, the police official shall, with the least possible delay, give protection on him or her in such an appropriate place as a police station, hosptial, mental institution or relief facilities:
1. A person who is feared to inflict an injury on the life, person or property of his or her own or another on account of his or her mental derangement or drunkenness;
2. A stray child, a sick, injured or such like person who, without any proper guardian, is considered as requiring urgent relief and protection except in the case where the person mentioned above denies to be taken to such a place.
In case where a police official takes the measures mentioned in the preceding paragraph, he shall inform thereof as soon as possible to the family, acquaintances or some other persons relating to the subject person and make necessary arrangement for handing over the person to them. In the event of no relative or acquaintance being found, who will take responsibility, the case shall be turned over immediately to the proper public health or welfare authorities or other government authorities charged by law with disposition of such a person.
In no event shall the police protection under paragraph 1 last longer than 24 hours without a warrant of a judge of the summary court (hereinafter meant the summary court which has the jurisdiction over the place where the police station is situated, to which police officials who give the said protection belong) approving such an action.
The warrant under the provisions of the proviso to the preceding paragraph shall be issued at the request of a police official by a judge in case only when he considers there exists inevitable circumstances and the extended time shall not exceed five (5) days in total. In this warrant the inevitable circumstances which, he considers, exist, shall be stated expressly.
Names and addresses of persons who are placed under police protection in accordance with the provisions of paragraph 1, reason of protection, dates of their being placed under protection, or handed over and the names of persons taking over such persons shall be notified to the summary court every week.
(Measures of refuges, etc.)
Article 4. In case of a dangerous situation, such as a natural calamity, incident or destruction of a structure, traffic accident, explosion of a dangerous thing, appearance of a mad dog or of a runaway horse, excessive conjestion or the like which threatens to cause an injury on the lives and persons of the people or a serious damage on the properties of them, a police official may give a necessary warning to a person who happens to be on the scene, keeper of the subject thing and any other person concerned with it and in case of especially admitting of no delay, he may check such person or order the person under threatening danger take refuge to the limit required for escaping from the impending danger or order a person who happens to be on on the scene, keeper of the subject thing and any other person concerned with it to take measures generally considered necessary for preventing the danger as well as he may take himself such measures as mentioned above.
Any action taken under the provision of the preceding paragraph shall be reported through channels to the respective Public Safety Commission concerned. In this case to Commission shall advise other government agencies of such action where it deems it appropriate in order to obtain proper coordination for further handling of the situation.
(Prevention and Restriction of Crime)
Article 5. A police official may in case when he considers any crime or offence is about to be committed, give a necessary warning to every person concerned with it in order to prevent from it and stop an act of a person in case where the act threatens to cause an injury on the lives and persons of the people or a serious damage on the properties of them, and that the case is so urgent that it admits of no delay.
(Entry)
Article 6. In case where any dangerous situation provided for in the preceding two Articles has come to pass and the lives, persons or properties of the people are in jeopardy, if a police official considers it inevitably necessary for preventing the danger, holding the spread of damages in check, or giving relief to the sufferers, he may enter any person's lands, building, vessel or vehicle, to the limit considered as reasonably required for taking such measures.
A keeper or any person corresponding to the said a keeper of a place of performance, hotel, restaurant, railway station or any other place whereto many people have access, cannot, without sufficient reason, deny a police official to enter his or her promises during the time when it is opened if he or she is demanded the entry by the official for the purpose of preventing a crime or danger on the lives, persons or properties of the people.
On the entry as provided for in the preceding two paragraphs, a police official shall not interfere with the lawful operation of the business of the person concerned arbitrarily.
On the entry as provided for in the paragraph 1 or 2, a police official, if requested, shall tell the keeper or the person corresponding to the said keeper of the reason of the entry as well as show the person mentioned above a certificate of his identification.
(Use of Weapon)
Article 7. A police official may use a weapon in case where he has reasonable ground to consider it necessary for the apprehension of a criminal, guarding against escape, defence of him or another person or oppression of a serious resistance to the limit considered as reasonably required in accordance with its circumstances;provided that he shall not injure any person except the case falling under Article 36 (Legal Defence) of the Criminal Law (Law No.45 of 1907) or of Article 37 (Emergent Refuge) of the same Law or the case falling under any of the following items:
1. In case a person who is actually in process of committing or who, a police official has sufficient ground to suspect, has committed one of those violent and dangerous crimes that are to be condemned to death penalty, life imprisonment, penal servitude or confinement for not less than three (3) years makes resistance to the performance of duties of the police official against him, is about to escape, or a third person makes resistance to let him escape and then the official has reasonable ground sufficient to believe that there exists no other means to prevent or to effect the apprehension;
2. In case the subject person, on the occasion of apprehension under a warrant of arrestor of execution of a warrant of arrest or of detention, makes resistance to the performance of duties of a police official against him, is about to escape or a third person makes resistance against a police official to let the subject person escape, and then the official has reasonable ground sufficient to believe that there exists no other means to prevent or to effect the arrest.
(Authorities and Duties in accordance with other Laws and Ordinances)
Article 8. In addition fo the foregoing, police officials shall carry out duties and exercise powers granted under the Law concerning Criminal Prosecution and other laws and police regulations.