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simple "Self-defense or revenge?
Trial against the son of Toussaint has reopened the old debate about the limits of the right to self-defense, whose offense in the Penal Code leaves much to be desired.
The murder of Lluís Corominas is accused occurred when he received a call from security guard
farm-laws, who warned him that he had seen two intruders in the gardens of the property of what he had already alerted the Mossos.
The defendant, who was at home, went
armed by car and housing of Tous, is noticed the presence of a car at about 50 yards from the house and, suspecting that they were intruders, stopped his vehicle next to the alleged assailants and shot two times, killing the victim, Sinani G.
Now the
defense asked the judge Corominas acquittal, arguing that the defendant acted in self-defense , something that could help the fact that the trial be held before a jury, not only take into account the legal facts.
And is that a subject as complex as the legal
become a illegal act, such as assault or even kill someone to reach the English Penal Code defines only self-defense in a section of an article.
Specifically, 20.4
, which is included in Chapter II, Title I, entitled "Of the causes exempting from criminal responsibility ", and incorporates the requirements necessary for a criminal act becomes law, while leaving much room for interpretation that the court of law.
Requirements Penal Code
Thus, the article notes that, in order to consider this defense, "must act in defense of a person own or others' rights, so first we know the action in question can be oriented to the defense
third parties and not only that of self .
also urges
that there has been a " unlawful violence constituting a crime or misdemeanor" and, in the case of attacks against property, "put them at serious risk of imminent damage or loss."
In the case of housing advocacy, the bill clarifies that it considered itself "improper entry into the dwelling or its dependencies will be" as itself illegitimate aggression required.
But after these first requirements to start taking into consideration the possibility of the defense of self-defense, the second condition is that the employee
half to prevent or repel aggression is "reasonably necessary" . That is, do not hit a shot in the head someone who threatens you with a stick.
The last requirement is that there
"provocation sufficient by a defender." Or what is or even, if you insult and you'll come to attack as a result of your provocations, you can not claim that you fight back to defend.
Through interpretation that has been making the law, we have learned to distinguish between defense and
revenge and warning that the action of self-defense must occur at the time of unlawful aggression or just below, but if you leave takes some period of time since the end of the attack is not considered a defense, since it is not considered necessary.
In short, an offense too open to interpretation, which has led to the occurrence of sentences as outrageous as that of Jacobo Pineiro, murderer of two homosexuals in Vigo, who was freed by a jury after it found that the 57 stab wounds inflicted on his two victims were in self defense.
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