Resisting arrest

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In some countries, resisting arrest is a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:

  • fleeing a police officer while being arrested
  • threatening a police officer with physical violence while being arrested
  • physically struggling to get out from being restrained (handcuffed or put into the police vehicle)
  • attacking a police officer while being arrested
  • providing an officer with false identification (either verbally or by presentation of a false official document, i.e. a [[


Similar offenses may be defined very differently in other countries.[citation needed]

Contents

United States [edit]

The courts in the United States of America regard resisting arrest as a separate charge or crime in addition to other alleged crimes committed by the arrested person. It is possible (and has happened)[citation needed] to be charged, tried and convicted on this charge alone.

Denmark [edit]

The Danish penal code[1] makes allowance for some forms of eluding and thus is very different from the penal code in the United States.

Norway [edit]

Resisting arrest in Norway can be punished with up to 3 months in jail.[citation needed]

Taiwan, Republic of China [edit]

Any arrest not in accordance with the procedure prescribed by law may be constitutionally resisted.[2] Conversely, knowingly and willfully resisting a lawful police arrest with threats or violence may indirectly constitute obstructing official duty.[3]

See also [edit]

References [edit]

  1. ^ RM 9-1994: Meddelelse om overtrædelse af straffelovens § 119, stk. 3., State prosecutor of Denmark
  2. ^ Article 8, Chapter 2, Constitution of the Republic of China
  3. ^ Article 135, Criminal Code of the Republic of China