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LEGITIMATE DEFENSE IN SPAIN

Before reading the post, I recommend you watch the video CRIMINAL LAW LAWYER, https://youtu.be/3inZ8lc5zgo


In the post, I am writing you about such an exciting topic, such as LEGITIMATE DEFENSE IN SPAIN.

Concept:

Act in defense of a person or the rights of one's own or others, in proportionate response to an illegitimate attack. It is an exempting circumstance from criminal responsibility.


Requirements:

1st. Illegitimate aggression that puts in danger of imminent deterioration or loss. When it comes to the dwelling, illegal entry is considered illegitimate aggression. 

2nd. Rational need of the medium used. 

3rd. Lack of sufficient provocation by the victim.


Example:

A single person enters our house breaking the window pane of the living room. Carry a knife and threaten us with it. At no time have we provoked him. To defend ourselves, we stab 20 stabs to the heart. In this case, would the legitimate defense fit? NO, because while it is true that it is an illegitimate aggression and that we have not provoked it. The need of the means used is not fulfilled, that is, 20 stabs to the heart, with one in this organ is usually enough to defend itself. Each specific case is different, and therefore cannot be generalized.



Always remember that each specific case is different, and therefore cannot be generalized.


Copyright ABOGADA NATHALIE GONZALEZ Y MEDIADORA, Creator of OBJETIVO CERO VÍCTIMAS.

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