Deputy presents an initiative to reforms the Criminal Code so that those who deprive of life in legitimate defense are not criminalized unless proven otherwise, who paves their domicile and endangers their personal, family or property integrity
The independent deputy with no political party affiliation, Karla Montero Alatorre, presented an initiative to reform the Sinaloa Criminal Code, so as not to criminalize those who in legitimate defense deprives a thief of life or who raid their house.
Given the increase in insecurity in Mexico, at least five states in the country have regulated their penal code so that citizens can be protected by law in case of injuring or depriving those who raid their homes from life.
The proposal for reform of deputy Montero is consistent with what was approved at the federal level last year, in relation to the absolute right to self-defense, by causing damage, injury or deprivation of life to anyone who by any means tries to penetrate an individual’s home, to his family, to his dependencies and belongings.
As a result of the reforms to said federal code, it will not be considered as an excess in the legitimate defense when circumstances arise in which the person who defends himself is in a state of confusion, fear or terror that affects his ability to determine the appropriate limit of your response or the rationality of the means used.
The changes guarantee that before the intrusion of strangers to a dwelling, that threatens the physical integrity or patrimonial assets of the resident, he can defend himself without being criminally prosecuted for it, being able to deprive the intruder of life without this behavior being considered by law as a crime, due to the prevailing conditions and situations.
In practically all the penal codes of the states of the Republic, criminal exclusions are provided in cases of legitimate defense; however, its interpretative spectrum is quite limited, because, in order for the person who performs the conduct against the intruder to be left without responsibility, he must prove in a criminal proceeding all the elements of said defense, such as the existence of a real aggression, present, an imminent danger derived from it and a defense proportional to the aggression.
If the person who did the damage to the intruder cannot prove all the previous elements, whether by technicalities, by a bad defense due to insufficient economic resources, etc., he can be convicted of the commission of the crime of homicide and be imprisoned.
The Supreme Court of Justice of the Nation already endorsed that it is constitutional to establish in criminal codes that, in legitimate defense, people can kill the aggressor, and that it will be the Public Ministry that must prove otherwise if there is doubt about how The events occurred, which should not be interpreted as legalizing justice by one’s own hand.
What is involved is that to accuse the person who deprived of life in self-defense, the burden of proof is transferred to the public prosecutor who is obliged to investigate the crimes and make sure, prove before a judge if in a certain case, they were fulfilled or not the requirements of self-defense.
Deputy Montero Alatorre pointed out that Sinaloa cannot be oblivious to a citizen’s demand for greater legal protection against the violence of criminals, and must adapt its legal framework to the reality of the country, always with the pro-victim approach.
The amendment to article 26, section IV, of the Criminal Code for the State of Sinaloa, will establish the legitimate defense, unless proven otherwise, in favor of who will cause any damage, injury or deprive of life to another whom I will find within your home; in the house where your family is, even if it is not your usual home; in the place where he has his assets or where other assets are found that he has a legal obligation to defend, and when the intruder exercises violence on people or on things that are found in such places.
The Mazatlan Post