WHEREAS, the safeguarding of the lives, health, and property of individuals, particularly in circumstances where such individuals are unable or temporarily incapacitated to protect themselves, is a fundamental duty of the Liberland Police and other arms-bearing agencies;
WHEREAS, the establishment of community policing institutions that are of and by the citizens, with strong measures of control, is essential to reflect the core values of Liberland in protecting life, health, and property;
WHEREAS, the use of enforcement by the police and other arms-bearing agencies should be an extraordinary measure, and instances when a citizen must obey the police should be based on legal license and reasoned out;
WHEREAS, the creation of a comprehensive and exhaustive list of all general legal licenses for the use of enforcement by the police and other arms-bearing agencies, as well as instances when a citizen must obey the police, is necessary to ensure that the use of force and compliance are grounded in law and reason;
WHEREAS, the establishment of the Community Watch as the Agency that performs all police work, unless stipulated otherwise in law, is crucial to ensure that there is a primary agency responsible for law enforcement in Liberland;
WHEREAS, the possibility of dividing Liberland into smaller units, whether they are districts or cantons with more political power, should be reflected in the law to allow for greater local governance and control;
NOW, THEREFORE, BE IT ENACTED by the Citizens and the Government of Liberland as follows:
- Agencies and agents serving as the police force of Liberland, as well as other agencies in which individuals bear arms or enforce the law, hereinafter collectively referred to as "Law Enforcement Agencies," shall only exercise authority as expressly conferred upon them by the Constitution and the laws of Liberland, as further delineated and circumscribed by subordinate regulations. Any action not explicitly authorized by these legal instruments shall be prohibited unless the said instruments can reasonably be found to contradict the rights enshrined in the Constitution.
- In discharging their duties, Law Enforcement Agencies shall be guided by the principles of impartiality, non-discrimination, non-partisanship, fairness, and objectivity, always with a view of serving the public good and protecting individual freedom to the extend of what is reasonably possible.
Law Enforcement Agencies shall, at all times, act in the best interests of the citizens and residents of Liberland. They shall be responsible for the protection of all private property that has been legitimately and legally acquired, whether owned by citizens, residents, foreign individuals or institutions, or public bodies. They shall protect all such property with equal attention and vigour.
- Law Enforcement Agencies shall conduct themselves in accordance with the principles enshrined in the Constitution of Liberland, particularly those set forth in its first Book, and they shall actively enforce these principles. Accordingly, Law Enforcement Agencies shall refrain from the aggressive use of force and shall only employ force in defence against aggression in general, and aggressive violence especially.
- In all matters, Law Enforcement Agencies shall exercise their powers prudently, professionally and adhering to the rules of due Administrative Process as applicable to their situation.
- Law Enforcement Agencies shall never abuse their authority against individuals. Under no circumstances shall Law Enforcement Agencies infringe upon the liberties and rights enshrined in the Constitution of Liberland.
The Minister of Interior shall establish the Security Commission of Liberland (hereinafter referred to as the "Security Commission"). The Security Commission shall be responsible for establishing the organizational structure of all Law Enforcement Agencies within the boundaries of this law. It shall also be tasked with drafting and enforcing processes and rules applicable to all Law Enforcement Agencies in Liberland.
The Security Commission shall be composed of four Commissioners, each appointed for four consecutive Election Terms, with each Commissioner having equal authority. The Commissioners shall be as follows:
a) A Supreme Court Justice, nominated by the Chief Justice and appointed by the President;
b) A representative of the Ministry of Justice, nominated by the Minister of Justice and appointed by the President;
c) A Senator, nominated by the Senate and appointed by the President; and
d) A former senior Agent of an Armed Agency, distinguished by exceptional skills and an unblemished reputation, nominated by the Minister of Interior and appointed by the President.
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The Commissioners shall perform their duties in their original capacities and shall not become Agents of an Armed Agency. In the event that a Commissioner cannot be found, their replacement shall be a Member of Congress.
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The Security Commission shall draft and adopt internal policies and regulations concerning the following matters:
a) Institutional planning and research;
b) Budgeting;
c) Policy evaluation;
d) Professional behavior codes, uniforms, and official commendation of all Security Personnel;
e) Collection, arrangement, and analysis of information on criminal proceeds, and provision of such information to relevant organizations;
f) Liaising with the International Criminal Police Organisation, police authorities of other countries, and other international organizations related to policing or to the respective activities of the given Armed Agency;
g) International criminal investigation assistance;
h) International disaster relief activities;
i) Maintenance and management of Security educational facilities and other affairs related to Security education;
j) Maintenance and management of Security communication facilities and other affairs related to Security communication;
k) Information technology analysis, including investigative analysis of electronic information processing systems and electronic data;
l) Maintenance and management of criminal identification facilities and other affairs related to criminal identification;
m) Criminal statistics;
n) Armed Agency equipment;
o) Standards of appointment, performance of duties, and activities of Armed Agency personnel; and
p) Necessary inspections related to the performance of Security affairs.
- The Security Plan shall be the central document planning the allocation of personnel and equipment onto the territory of Liberland.
- For the purpose of maintaining security, Liberland shall be divided into Districts. The Security Plan shall allocate Armed Agency personnel, locations and equipment to these Districts based on current and projected needs.
- A Security Plan shall remain valid for 20 Election Terms, after which it shall be subject to revision and shall undergo the adoption procedure as prescribed by this law.
- Revisions to the Security Plan may be initiated by the Minister of Interior or Congress and shall follow the same adoption procedure. In cases where the revision is initiated by Congress, Congress shall be responsible for drafting the revisions in lieu of the Minister of Interior.
- The Minister of Interior shall draft the Security Plan. The Security Commission shall review the draft and either adopt or reject it, providing recommendations as necessary.
- Upon approval by the Security Commission, the Minister of Interior shall present the Security Plan to the Cabinet. The Cabinet shall have the authority to make modifications to the Security Plan.
- After approving the Security Plan, the Cabinet shall make it available to Congress and the general public, thereby granting the Security Plan its legal force.
- When Congress determines that the growing population of Liberland and its corresponding security needs warrant the establishment of a Security Academy, it shall have the authority to create such an Academy by means of a formal Decision.
- The Security Academy shall be led by a Rector, who shall be nominated by the Minister of Interior and appointed by the President. The Security Academy shall operate as a division of the Security Agency.
- The Security Academy shall be responsible for providing the necessary education and training to police personnel to prepare them for roles as senior staff officers. Additionally, the Academy shall oversee scientific research related to security matters.
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Unless a special law specifies otherwise, Law Enforcement Agencies shall employ the following types of personnel as Agents:
a) Officers: Trained professionals in security and modern democratic policing, directly responsible for fulfilling the tasks of Law Enforcement as outlined in this Law. These agents shall generally serve as Law Enforcement Officers.
b) Clerical Agents: Support Officers with back-office and front-office duties that do not require security training.
c) Technical Agents: Responsible for maintaining the technical readiness of equipment, real estate, tools, and information security at all levels.
d) Other Agents: Employed as required to fulfill the tasks of the Agency.
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The priority to protect the life and health of a Law Enforcement Agent shall be equal to that of other individuals. Protection of an Agent's property shall be secondary to protecting the property of others.
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Law Enforcement Officers shall be organized hierarchically, with lower ranks performing tasks under the supervision and direction of higher ranks. The ranks shall be:
a) Officer (Agent Level 2);
b) Constable: Guides and mentors junior Agents, leads a basic unit or post within the Agency (Agent Level 3);
c) Captain: Organizes Agents at the operational level, heads the Agency within a given district and oversees 3-4 basic units or posts (Agent Level 4);
d) Major: Coordinates several Districts or heads the Cantonal level of the Agency (Agent Level 5);
e) Commander: The highest rank, coordinates all districts and Cantonal Agencies (Agent Level 6).
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Other Agents active in Law Enforcement agencies shall be organized in the following ranks:
a) Administration Professional: Responsible for routine administration (EQF 5, Agent Level 2);
b) Administration Specialist: Performs specialized tasks (EQF 6, Agent Level 3);
c) Coordinator: Organizes the work of Administrative Agents (EQF 7, Agent Level 4);
d) Director: Responsible for top-level management and coordination (EQF 7, Agent Level 5).
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- Law Enforcement Officers, agents of Law Enforcement Agencies directly discharging police duties, shall be equipped with sidearms, other weapons, and defensive and offensive equipment. They shall receive thorough training in the use of these weapons and equipment, as well as in combat tactics and strategy, particularly for urban combat or combat in other environments prevalent in their assigned District.
- Law Enforcement Officers shall prioritize the use of equipment that minimizes damage to property and non-lethal weapons, resorting to lethal means only when strictly necessary for protecting their own lives and health, or the lives, health, and property of others.
- Law Enforcement Officers shall be trained in first aid to provide assistance to those affected by their weapon use, including any injured bystanders. Injured bystanders shall be given precedence over the suspect when triage is necessary, but assistance shall be provided to the suspect whenever possible, at least to preserve their life, especially when more seriously injured than the bystander.
Other Agents of Law Enforcement Agencies shall be equipped with sidearms and trained in their use for self-protection. They shall also be trained in combat tactics concerning combat in environments prevalent in their assigned District.
The Liberland Community Watch, henceforth known as the "Watch," shall operate as an Agency under the Ministry of Interior. Its primary role shall be to serve as Liberland's main police force, and it shall be the only general-purpose police force in Liberland. The responsibilities and duties of the Watch shall include:
a) Protecting individual property, including life, health, and belongings;
b) Preventing delicts, suppressing and stopping ongoing delicts, and investigating all delicts;
c) Apprehending suspects;
d) Addressing other matters related to the maintenance of public safety and order.
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Congress shall exercise direct oversight over all aspects of the Watch. This oversight shall include the power to conduct both ad hoc and regular investigations, summon witnesses and demand testimony, and require the production of records.
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Congress shall also have the authority to remove any agent of the Watch from office through its Decision and may reorganize the functioning of the Security Agency at any level by means of a decision.
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The head of the Watch shall be known as the Commander of the Watch of Liberland (hereinafter referred to as the "Commander"). The Commander shall be nominated by the Minister of Interior and appointed by the President.
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The Commander shall be responsible for the regular management and direction of the Security Agency's operations, as well as the supervision and direction of the Security personnel.
The officers serving in the Watch shall be referred to as Watchmen. Unless a special law specifies otherwise, they shall be the agents generally responsible for all Law Enforcement tasks in Liberland.
- The smallest organizational unit of the Watch shall be designated as a Watch Post. Each Watch Post shall be composed of personnel and equipment allocated to a specific District pursuant to the provisions of the Security Plan. A Watch Post shall be headed by a Constable, who shall be a Watchman or a Watchwoman, and shall be assigned a number of Agents under the Constable's command.
- Watch Posts shall operate with autonomy within the scope of their assigned duties. The Commander shall be responsible for ensuring that each Watch Post is provided with adequate personnel and equipment to effectively carry out its functions.
- Every Agent of the Watch, including the Director, shall be assigned to a specific Watch Post, which shall serve as their designated home Watch Post.
- All Watch Posts shall be required to cooperate with one another and to maintain professional and cordial relationships.
- The primary responsibilities of Agents assigned to a specific Watch Post shall provide security for all residences, offices, shops, public places and business establishments within their assigned District. Agents shall assess the general condition and situation of residents, employees and other denizens, and where this is requested, they will provide advice on crime prevention measures.
- In addition to their primary duties, Agents of a Watch Post shall offer community services, including but not limited to providing directions to individuals and serving as a repository for lost-and-found items.
- In accordance with the Security Plan, a Watch District shall be established, consisting of three or four Watch Posts, or more in exceptional circumstances.
- The primary responsibilities of the Watch District shall include coordinating the operations of the Watch Posts within the District, providing guidance and support, and addressing issues that are more effectively resolved at a higher level.
- A Watch District shall be led by a Captain, who shall be a Watchman or Watchwoman, and shall also serve as the head of a Watch Post within the District. The Captain of the Cantonal Watch shall be responsible for the regular management and direction of District Watch operations and for directing and supervising District Watch personnel.
- In the event that Liberland is divided into Cantons or similar organizational units, a Cantonal Watch shall be established within each Canton as an intermediate unit of the Watch. The Cantonal Watch shall be led by the Major of the Cantonal Watch, who shall be nominated by the Minister of Interior and appointed by the President. The Major of the Cantonal Watch shall be responsible for the regular management and direction of Cantonal Watch operations and for directing and supervising Cantonal Watch personnel.
- The Cantonal Watch shall serve as the direct supervisory authority over the Watch Posts within its respective Canton and it shall be responsible for coordinating the activities of the Watch Posts within its Canton and for achieving the objectives of the Watch within the Canton.
- Each Cantonal Watch shall maintain close contact and active cooperation with the Cantonal Security Agencies of all other Cantons.1. If Liberland becomes divided into Cantons or similar organizational units, the Cantonal Watch shall be established as the mid-level unit of the Watch.
- Similar to the Watch Posts, the Cantonal Watch of each Canton shall be required to maintain close contact and active cooperation with the Cantonal Security Agencies of all other Cantons.
- A Watch Post or Cantonal Watch may exercise its authority beyond its designated jurisdiction when necessary to protect life, physical well-being, and property within its jurisdiction, including residents and visitors, or to combat organized crime.
- When a Watch Post or Cantonal Watch seeks to extend its authority into another jurisdiction, it shall notify the relevant Watch Post or Cantonal Watch. The notified entity shall provide full cooperation if the extension of authority is justified.
- If the notified Watch Post or Cantonal Watch deems the extension of authority unjustified, it shall promptly inform the Commander, who shall make an expedited decision to permit or prohibit the extension.
The Liberland Guard shall consist of special Watch Posts assigned specifically to protect State Property and State Officials. State Guard Agents may also be assigned to fulfil the regular tasks of the Watch where necessary. Watchmen and Watchwomen assigned to this duty shall be referred to as Guardsmen and Guardswomen.
- Any person who feels harmed in their person, rights or property against the execution of duties by Watch personnel may lodge a complaint, either verbally or in writing, with the Watch Post, District Watch, Cantonal Watch, or the Watch itself. Generally, complaints shall be logged by the Watch entity that is the subject of the complaint. However, if the complainant has reasons to suspect that they will be denied justice, they may log the complaint with the next highest instance in the Watch, accompanied by a written explanation of their reasons.
- Complaints shall always be lodged with the highest institution to which the Agent subject to the complaint belongs or to which the situation pertains.
Each organ of the Watch shall establish institutions to handle complaints in a just, lawful, impartial, and faithful manner. If establishing such institutions proves impractical, the organ shall present the complaint and all related documentation to the appropriate institutions of the District or Cantonal Watch, or the central Watch.
When authorized by law, an Law Enforcement Officer may compel an individual to act or to omit certain actions. This shall be limited to:
a) Questioning, whereby the Agent may comply others to answer questions,
b) Protection, whereby an Agent may offer their authority and strength to protect a person in need,
c) Emergency response, where an Agent may provide binding instructions to others,
d) Measures to prevent or suspend criminal activity, and
e) Entry and No-Knock Entry.
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When an individual is asked for compliance by the Agent performing one of the actions listed above, the individual shall obey the Agent unless it is apparent to them that the Agent acts outside of the boundaries of their duty or contrary to the Constitution or the Law, notably that they infringe upon one of their rights granted by the Constitution or by the Law.
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Only when it becomes apparent that the individual won't comply with the instructions and loss of life, health, or property is at stake may an agent proceed to use measures of violence, including threats of violence, to enforce these actions.
- An Law Enforcement Officer may stop and question any person reasonably suspected of having committed or being about to commit a crime based on their unusual behaviour and/or other surrounding circumstances or who is deemed to have information on a crime that has already been committed or is about to be committed.
- If a Law Enforcement Officer believes that questioning on the spot will disadvantage the subject person or impede traffic, they may ask the person to accompany them to a nearby Watch Post.
Persons subjected to questioning shall not be detained by the authorities, taken to a Watch Post by force, or coerced to answer questions against their will unless specific legal provisions concerning the particular criminal procedure apply. Where a person is detained in accordance with the law relating to the specific criminal procedure, an Law Enforcement Officer may also search their personal belongings for potential weapons or, if no other means suffice to obtain answers and the law allows it, enforce compliance.
- If a Law Enforcement Officer encounters a person for whom they have reasonable grounds to believe requires emergency aid and protection, the Security Agent must provide immediate protection and ensure safe transportation to an appropriate location, such as a Security Office, hospital, or relief facility.
- When a person in need of protection shows signs of being a danger to the life, health, or property of others, or to their own life and health, particularly due to substance abuse or their temporary or permanent mental state, an Law Enforcement Officer may use measures of force to restrain the person and transport them to appropriate facilities against their will. Upon taking such measures, the Law Enforcement Officer shall inform the person's family, acquaintances, or other concerned parties as soon as possible and make necessary arrangements to hand over the subject person to them.
- Police protection under this paragraph shall not exceed 24 hours unless a judge's warrant authorizing further protection is obtained; the warrant must expressly state the inevitable circumstances deemed to exist.
- Where individuals are placed under police protection for more than 24 hours, Watch Posts and other bases of operation for Agents on police duty shall notify the Court weekly of the names and addresses of individuals placed under police protection, the reasons for protection, the dates of protection and delivery, and the names of the persons or services to whom the protected individuals are handed over.
- In the event of a dangerous situation, such as a natural disaster, incident, structural collapse, traffic accident, hazardous material explosion, the presence of a dangerous animal, excessive congestion of people, or similar circumstances, hereinafter referred to as "dangerous situation," which may endanger lives, health, or cause significant property damage, an Law Enforcement Officer may issue necessary warnings to those at the scene.
- In cases of extreme urgency during a dangerous situation, an Law Enforcement Officer may direct endangered individuals to seek shelter within the limits of necessity to escape the imminent danger, even enforcing such directives by force or threats of force where this should become necessary. In such cases, the Law Enforcement Officer may also order individuals at the scene to take generally accepted necessary measures to prevent dangers or take such measures themselves. Individuals shall obey and cooperate with the Agent.
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An Law Enforcement Officer may issue necessary warnings to individuals involved when they observe a crime about to occur or to prevent its occurrence.
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If the actions of a person who
a) is clearly about to commit a crime,
b) is in the process of committing a crime, or
c) has just committed a crime, are deemed likely to endanger lives, health, or cause serious property damage and the situation is urgent, the Law Enforcement Officer may use violence or threat of violence to prevent or suppress the commission of the crime.
- In the event of a dangerous situation or an imminent crime that is likely to endanger lives, health, or cause serious property damage, a Law Enforcement Officer may enter any person's land, building, vessel, or vehicle within reasonably necessary limits, without obtaining informed consent from the owner, if deemed inevitably necessary to prevent danger, contain damage, stop or prevent the crime, or provide emergency response or relief to victims. A Law Enforcement Officer may enforce entry when faced with opposition, including from the owner.
- An Law Enforcement Officer exercising their right of entry shall not arbitrarily interfere with the lawful operation of the concerned person's business. Before exercising their right of entry, the Security Agent shall disclose the reason for entry to the on-site manager, proprietor, or person in a corresponding position and present their identification as a Security Agent.
- If a Law Enforcement Officer of at least the Constable rank determines it is absolutely necessary to protect the life, liberty, or property of others or to prevent a dangerous or violent crime, they shall inform a Judge of their intent to perform a clandestine entry without introducing themselves to individuals on-site.
- The Agent should obtain a warrant from the Judge whenever possible, regardless of the urgency level. In cases where the urgency is so great that obtaining a warrant would negate the purpose of the no-knock entry, the Agent shall merely inform the Judge beforehand by whatever means are available.
- After executing the no-knock entry and apprehending individuals, the Agent shall immediately identify themselves as soon as it is reasonably safe and does not interfere with the purpose of the no-knock entry. They shall also give a full report to the Judge, who will be able to retroactively declare the entry as legal or illegal. Where the entry is declared illegal, those damaged by it may seek recourse by the Court against Liberland.
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While on active duty, an Agent may use offensive or defensive weapons and equipment to secure compliance from others to prevent them from causing damage, but only when other, less invasive and less damaging measures would be insufficient. This shall only apply in the following circumstances:
a) Protecting the lives, health, or property of others in situations where significant property loss is clearly imminent or occurring, and the use of force is clearly likely to stop or mitigate the damage;
b) Self-protection with respect to the Agent's life and health;
c) Suppressing resistance against the execution of their official duty within limits judged reasonably necessary where significant damage or loss of life or health are at stake; and
d) Apprehending a dangerous or violent criminal or preventing their escape when the use of force is deemed necessary to accomplish this.
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Lethal weapons may be used as a last resort when all other means have clearly failed or when it can be assumed with overwhelming conviction that such less damaging measures would clearly fail. When using a lethal weapon, the Agent shall aim to injure rather than kill the targeted person whenever possible without clearly compromising the purpose of the weapon use.
This Law shall gain legal force on ... and shall remain in force until repealed.