Use of force by soldiers, military superiors and security guards
A soldier performing a guard or on-call duty, referred to in Chapter 45 § 27 of the Criminal Code, as well as a security guard performing a security duty, when encountering resistance, has the right to use such necessary means of force to break the resistance, which can be considered defensible, taking into account the security of the group or the object or area to be guarded, their official or service duties quality and dangerousness of resistance. Under the conditions mentioned above, the guard and security guard have the right to use force even when someone, despite their order to stop, approaches the object to be guarded or an area where entry is prohibited. The means of force must be used only to the extent and until it is necessarily necessary for the performance of official duties stipulated by law.
Soldiers and security guards also have the right to emergency protection in the performance of their duties as stipulated in Chapter 4 § 4 of the Criminal Code. In this kind of emergency protection, the soldier and the security guard act with official responsibility. When assessing the defensible nature of emergency protection, the requirements set by professional soldiers and security guards based on their training and experience must be taken into account.
In a battle, distress at sea or a similar situation that is particularly dangerous for the unit or its operations, the military commander has the right to use such necessary means of force against the subordinate to restore obedience and order, which can be considered defensible, if the subordinate soldier escapes despite the superior's prohibition, violently resists the superior or does not comply with the superior's order to counter the danger even though the command has been repeated. When assessing the defensible nature of the means of force, the dangerousness of the negligence or act under the order and the prevailing situation must be taken into account.
When a prisoner of war escapes, the person whose task it is to prevent the escape has the right to use the means of force stipulated in Chapter 18, Section 6 of the Prison Act (767/2005).
Exaggeration of the use of force is regulated in Chapter 4, Section 6, Subsection 3 and Section 7 of the Criminal Code.