In the film "Spider-Man: Brand New Day," Spider-Man (played by Tom Holland) chases the villain Scorpion (played by Michael Mando), who attacks civilians and flees. The problem is the first emergence of "Predator Mode" during the pursuit. It is a runaway state in which Spider genes rapidly mutate, reason becomes clouded, and attack instincts are maximized. Even after recognizing that a police car is carrying people, Spider-Man throws Scorpion toward it, and an officer is injured.
If so, is it legally possible for Spider-Man, who is not a police officer, to capture a villain in the first place? If he can capture one, how much force can he use? If he was in a runaway state, could he avoid responsibility for injuring the officer?
◇ Arrest in the act is possible even if not police
Article 212 of the Criminal Procedure Act allows anyone to arrest a flagrant offender without a warrant. This means even a civilian who is not a police officer can capture someone in the midst of committing a crime or immediately after.
However, the crime and the offender must be evident, and there must be a need to arrest immediately to prevent flight or destruction of evidence. If a civilian arrests a flagrant offender, the person must then be turned over to an investigative agency such as the police.
In the film, Scorpion keeps running after attacking civilians. Kim Tae-seung, an attorney at Shin & Kim LLC and a former police investigator, said, "There is ample room to assess this as an arrest in the act."
But if the initial purpose was not arrest but private retribution or revenge, it is different. Kim said, "We must distinguish between failing to state the intention to arrest and actually lacking the intention to arrest," adding, "If it was an assault aimed at private retribution or revenge from the start, it is hard to justify it on the grounds of an arrest in the act."
◇ Even with the 'right to capture,' force is not unlimited
Even if you can capture a flagrant offender, not all physical force is permitted. Courts consider the legitimacy of the arrest purpose, the degree of force used, the urgency of the situation at the time, and whether other methods were available.
If Spider-Man recognized the police car and its occupants and could have subdued Scorpion by other means, throwing him toward the police car could be deemed to have exceeded the necessary force.
Kim said, "If the physical force used during the arrest process exceeds an appropriate limit, the excessive part is not protected as a lawful arrest act."
◇ If he knew the officer could be injured, 'dolus eventualis'
If Spider-Man threw Scorpion in the direction of the police car even though he knew there were people inside, "dolus eventualis" is also at issue. If he recognized the possibility that an officer could be injured but accepted the risk, intent to cause injury could be acknowledged.
Kim said, "If he recognized the possibility that the officer could be injured and accepted it, dolus eventualis can be recognized."
However, acknowledging intent does not mean immediate punishment. The variable is Predator Mode. In the film, this state is Spider-Man's first experience and greatly diminishes reason and control over actions.
The Criminal Act provides that if, due to mental or physical abnormality, a person lacked the ability to judge or control their actions, they are not punished, and if that ability was significantly diminished, the sentence may be mitigated.
Kim said, "Whether intent is recognized and whether criminal responsibility can be imposed are separate issues," adding, "With Predator Mode, it is more appropriate to focus on whether there was capacity for responsibility at the time rather than on intent."
◇ If he escapes criminal liability, is he also free from medical costs?
Civil liability for damages must also be examined separately. Not being criminally punished does not automatically erase civil liability. The Civil Act generally exempts a person from liability for damages if they harmed another while in a state of mental incapacity, but makes an exception if the person brought about that state through their own intent or negligence.
If Predator Mode manifested for the first time in a way even Spider-Man could not have anticipated, and he had completely lost the ability to judge his actions at the time, that could work in his favor in civil liability as well. Conversely, if he already knew of such risks in advance, or continued dangerous behavior after recognizing the police car and its occupants, the likelihood of liability for damages increases.