Self Defense
Self Defense

Is not something new to say that we are living a very critical situation in our country, the authorities are incapable to do their job, control the crime has become an impossible task for the police and they don’t want to accept that the situation is out of their control.

Teachers in the schools sometimes are threatened by their own students which belong the gangs, there is people in dangerous neighborhoods that had the necessity to move, because the gang members threatened with killing them if they did not leave their homes, Is a normal situation for a public transportation user to get mugged in the bus, business and companies are forced to deal with the gangs, is necessary to pay “the rent” just like one more tax that they have to pay to the government, but the difference is that if there is delay in the payment, the interests are paid with blood, is hard to find a place where you can really feel secure.

Currently in El Salvador, according to the forensic medicine department, we have around 15 murders a day; our authorities finished a negotiation plan with the gangs and after that decision seems like the crime has quickly grown to the top.

Now the new game of the gangs is to start killing the people that work in the crime control institutions, such as police officers, soldiers, judges and prosecutors, however, the executive power prefers to say that it is just a psychological war of the media.

Among this chaotic situation, the common sense says that if the state can’t protect you, then you have to protect yourself.

The article 27 of the penal code explains the responsibility excluders, and it says in the number 2 that is not penal responsible who acts or omits in self defense or in defense of the own rights or in defense of other person or his or her rights, always that the next requirements occur:

  1. a) Illegitimate aggression
  2. b) Reasonable need of the used defense for stop or repel it; and,
  3. c) Do not provoke the aggression, in enough way, from the person who is self defending.

The paragraph a refers when a person is attacked with no justification, and as a consequence of the attack provokes a defensive reaction in the person who receives the attack.

The paragraph b refers to the strength or impact of the reaction; the action provoked by the aggressor has to be of the same level or equal to the aggression, strong enough only to stop it or repel it, not to massacre the aggressor; just with the purpose to protect a good, right or the life.

And the paragraph c refers that the first attack must not be provoked by the person who is self defending, the attack must be spontaneous and unexpected.

Several cases of self defense have recently happened, people on the street or people in the buses shooting the criminals while committing the crime or after committing the crime.

The last year, several reforms were made to the penal process code, specifically the articles 323, 324, 328, 331 and 350, the objective is to protect the person in self defense position, in the case that characteristics of self defending in the crime scene are found, the accused must be released with cautionary measures and must cooperate with the justice, under the consequence of be taken to jail.

Si deseas citar este artículo, hazlo así:

AVENDAÑO, MARCELO. “SELF DEFENSE”. Publicado en la Revista Jurídica Digital “Enfoque Jurídico” el 01 de mayo de 2015.  http://www.enfoquejuridico.info/wp/archivos/2490