The development of the state’s monopoly on legitimate physical force, with particular regard to the evolution and changes in the legal regulation of coercive measures employed by the prison service

Abstract

The study examines the exercise of the state’s legitimate monopoly on the use of physical force within the prison service, with particular focus on the lawful and proportionate application of coercive measures. The aim of the paper is to analyse the regulations on coercive measures set out in Act CVII of 1995 on the Prison Service in the context legal developments over the past thirty years, highlighting the reforms of 2007 and 2014. The methodology is based on a comparative analysis of relevant legislation, combined with an examination of its practical application. The findings indicate that, at the time of its adoption, the Act was already grounded in modern principles, particularly proportionality, necessity, and the protection of human life. The 2007 amendment narrowed the framework for the use of firearms, while the 2014 reform further strengthened fundamental principles and introduced clarifications aimed at enhancing professional effectiveness.