Publication: Magyar Közlöny
Issue: MK-2007-147 (Year: 2007, Number: 147)
Era: 2004-2010
Section: 
Paragraph Index: 177

3. For the application of paragraphs 1 and 2, the following terms have the following meaning: a. competent authority: the authority referred to in article 13 of the Police Act 1993; b. the superior: the direct supervisor, referred to in article 1 of the Special Investigating Officer Decree. c. weapon: the arms, ammunition and equipment which can be used to exercise force which are permitted pursuant to article 3a, paragraphs 1 through 3 of the Arms and Ammunition Act. Article 38 Special investigating officers who are authorised to use a weapon or handcuffs shall only make use of weapons or handcuffs prescribed by Our Minister of Justice when performing their duties. Article 39 Special investigating officers do not have the authority to exercise the powers referred to in Article 8, paragraphs 1 and 3 of the Police Act 1993 until after said authority has been recorded on the oath and the officer in question has demonstrated his skill in the performance thereof. 2007/147/II. szám CHAPTER 8. Final provisions Article 39a In agreement with Our Minister of Justice, within three years after the entry into force of the decree of 25 August 2006 to amend the Official Instruction for the police, the military police and special investigating officers in connection with the introduction of non-penetrating ammunition (Stb. 2006, 407), Our Minister of the Interior and Kingdom Affairs shall present the States-General with a report on the effectiveness and the effects of articles 11 through 11c in practice. Article 40 This decision enters into force as of the day when the Police Act 1993 enters into force. Article 41 This decree shall be cited as: Official Instruction for the Police, the Military Police and Special Investigating Officers. Order that this decree and the related explanatory notes shall be publised in the Staatsblad (Bulletin of Acts, Orders and Decrees). The Hague, 8 April 1994 Beatrix The Minister of Justice, E. M. H. Hirsch Ballin The Minister of the Interior, E. van Thijn Published Twenty-One April 1994 The Minister of Justice, E. M. H. Hirsch Ballin _____________________________________________________________________________ SPAIN Spain authorized the use for other police forces Prüm partners similar equipment in the frame of joint operations or urgent situations. If this normal equipment would be very different is mandatory a expressed authorization. The chapters 5 and 6 of the Treaty establish as general principle the subordination to the national law of host territory, the application by analogy of responsibility regime collected in the 43 article of Application Agreement of Schengen Treaty – article 30 of Treaty – and the assumption of the measure to the State of territory, article 25.5 of the Treaty. 2007/147/II. szám If the Spanish Police officers has legal restriction to carry on and use of some weapons, the same restrictions affect the police officers of the other contracting party that acts in Spanish territory. The Spanish national law asses: 1.- The absolute ban for all – civilians and police officers – of possession and use, of next types of weapons: a. The firearms that have been modified their characteristics substantially without authorization. b. The long weapons that contain special devices, in their breech or mechanisms to house guns or other weapons. c. The guns and revolvers that take adapted a small breech. d. The firearms to house or housed inside sticks or other objects. e. The firearms feigned low appearance of any other object. f. The stick-rapier, the daggers of any class and the automatic knives. They will be considered daggers the cut and thrust weapons with a blade smaller than 11 centimeters, double bits and pointed. g. The firearms, pressurized air or another compressed gas, combined with cut and thrust weapons. h. The truncheon made of wire or lead; the brainteaser ; the “llaves de pugilato”, with or without spikes; the slingshot and perfected “blowpipe”; the “munchacos” and “xiriquetes”, as well as any other specially dangerous instruments for the physical integrity of the people. 2.- It is forbidden except for especially qualified civil servant (police officers among others): (1) a. The semiautomatic weapons of 2.2.and 3.2 categories whose capacity of freight were up of 5 shotgun shell, the housed in the breech included, or whose breech were removable. b. The self defense sprays and all those weapons that discharge gases or aerosols, and any device with mechanisms able of throw toxic or corrosive narcotics. c. The electric or rubber truncheon or similar. d. The applicable mufflers to firearms. e. The cartridge with “piercing bullets”, explosive, incendiaries bullets, as well as the corresponding projectiles. f. The ammunition for guns and revolvers with projectiles “dum-dum” or “hollow peak”, as well as the own projectiles. g. The long firearms give clipped canyons.

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