Discretionary power represents an important institute of administrative and police law, as it enables police officers to choose between several legally permissible options in situations where the law does not prescribe a single solution. The aim of the research was to examine how police officers understand the concept of discretionary power, how frequently they use it in their work, and how they perceive its legal limitations and the supervision of its use.
The research was based on a combination of descriptive and empirical methods. The empirical part was conducted using a questionnaire prepared in the online survey tool 1KA (EnKlikAnketa). A total of 378 police officers from different organizational units of the Slovenian Police participated in the study. The collected data were analysed using Microsoft Excel and IBM SPSS, applying both descriptive and inferential statistical methods.
The results of the research show that police officers are generally familiar with the concept of discretionary power; however, their understanding of it is not entirely uniform. According to the respondents, discretionary power most frequently occurs in misdemeanor procedures, particularly in the selection of sanctions, as well as in the assessment of factual circumstances and the proportionality of measures. Police officers identify legality, internal police guidelines and supervision by superiors as the most important limiting factors. At the same time, the results indicate a need for clearer professional guidelines, more practical case examples and additional training in this area.
The findings contribute to a better understanding of the use of discretionary power in police practice and highlight the importance of a consistent understanding of its legal limits in order to ensure lawful and proportionate police decision-making.
|
