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Sobre Legítima Defensa Costa Rica

Legítima defensa, exceso de defensa y ajusticiamiento popular

Jesús Barrantes Castro* Diario Extra https://www.diarioextra.com/Noticia/detalle/394885/legitima-defensa,-exceso-de-defensa-y-ajusticiamiento-popular

El sentido común indica que uno debe defenderse de un daño inminente ante un peligro en determinadas circunstancias, con cosas, animales o personas. En el ámbito del Derecho Penal ya estas situaciones están previstas, al que lesiona o los que lesionan bienes jurídicos por defensa propia se les exime de la sanción penal.

La legítima defensa en el Derecho Penal es una causa de justificación dentro la teoría del delito y dentro de la subcategoría de la antijuridicidad que exime de culpabilidad la conducta sancionada penalmente por quien se defiende a sí mismo o defiende a otro (bienes jurídicos ajenos). Significa que cualquier persona puede defenderse y contraatacar, sin embargo, esa fuerza defensiva debe basarse bajo parámetros de razonabilidad. El uso de fuerza en defensa propia nunca se justifica una vez que ha cesado la amenaza, lo que importa es que si una “persona razonable” en la misma situación hubiera percibido una amenaza inmediata de daño físico y se hubiera defendido únicamente repulsando la agresión ilegitima al momento de la misma.

La legítima defensa no debe llegar al abuso, o sea solamente la suficiente para evitar la agresión ilegítima y si va más allá de eso, actúa en un exceso de legítima defensa y la eximente de la responsabilidad penal se disipa. La legítima defensa es temporal en el acto para repeler la agresión y no vario tiempo después, pues ya sería entrar en delito. Si fuese por un estado de emoción violenta cuando la víctima alterada arremete contra el “victimario” posterior a la transgresión, también sería delito, pero atenuado.

Cuando las personas son víctimas de la criminalidad en la sociedad algunas veces su accionar es de reclamo social frente al delito y lesionando bienes jurídicos, en estos casos se elimina la figura de legítima defensa y se entra al ámbito de lo ilegal. La legítima defensa es justificante en un Estado de Derecho, la legítima defensa salva la agresión haciéndola legítima y razonable y es determinada únicamente por los Tribunales de Justicia.

Dentro del ámbito de lo “Legal”, el Poder Judicial es el encargado de impartir la justicia y su respectiva sanción (depende el ámbito), y un ajusticiamiento es una sanción ilegal, la ignorancia aunado a la frustración son tierra fértil para el ajusticiamiento popular o linchamiento, como una forma de reacción social con el “castigo ejemplarizante”. La indignación y el reclamo social frente al delito pueden afectar la visión crítica de los demás y repercute en un frenesí colectivo polarizado y agresivo, haciendo que el ciudadano también cometa delitos, por ende, convirtiéndose en delincuente.

 

*Abogado Penalista y Criminólogo

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