Plenary session of Congress of the Republic It approved the bill that day DefenseIt aims to exempt citizens from criminal liability who use force (even lethal) to protect their own or third party’s life or integrity – in a situation of imminent danger.
With 78 votes in favor, 19 votes against, and 2 abstentions, the Assembly approved the alternative text of the opinion presented by the Congresswoman in a second vote. Patricia Chirinos (Avanza País), which aimed to transform Penal Code And this Code of practice In the case of self-defence, the accused is related to the scope of the criminal responsibility.
Chairman of the Justice and Human Rights Commission, Janet Rivas Sakara (Perú Libre), No. 3 of Article 20 of the Criminal Code, Legislative Decree 635 on impeachment, explained that “those acting in defense of their legal property or those of third parties, using force, have been modified”. Exemption from criminal liability, including the use of deadly force.”
“In the immediate application of self-defense or self-defense by a third party according to law; it has also been determined that “preventive detention is not appropriate” unless there is background and/or credible evidence. The offense or it falls on that person.” Punishment of severe reprimand”.
Requirements for Exemption
As a requirement for this, this practice Defense It must arise from an actual assault committed after unlawful intrusion into a property, conveyance, business, institution, civil society, workplace or any other property belonging to the person who repulsed the assault.
Rivas Sagara He noted that in these cases the criterion of proportionality of the instrument that thwarted the attack would be excluded. Instead of this principle, “the seriousness and dangerous nature of the aggression, the mode of advance of the aggressor and the means of defence” will be taken into account.
The attitude of the person defending himself against him to the aggressor shall be taken into account, the situation of immediate danger in which he finds himself and the need to protect his life and that of third parties.
Another of the changes Penal Code The proposal states that if a person complains of use of force using a firearm registered in his name, the material will be seized within the next 48 hours and subjected to relevant investigations.