This Friday, October 14, it was published in the Judicial Weekly of the Federation and its Gazette the relevant thesis of the rubric: ”LEGITIMATE DEFENSE. ITS ELEMENTS SHOULD BE REINTERPRETED BASED ON THE METHOD FOR JUDGING WITH A GENDER PERSPECTIVE, WHEN ANALYZING CASES IN WHICH WOMEN VICTIMS OF DOMESTIC VIOLENCE DEPRIVE THE LIFE OF THEIR ATTACKER (LEGISLATION OF THE STATE OF MEXICO)”
As we all know, legitimate defense is a cause that justifies carrying out a criminally sanctioned conduct, exempting its author from liability, for having carried it out in protection of legally protected assets (such as physical integrity or life) when these are in danger.
The traditional conception of legitimate defense does not take into consideration the context in which the aggression occurs.
This important criterion comes to revolutionize the traditional concept of what we understand as legitimate defense in Mexican legislation, incorporating now to women victims of violence –mainly domestic– that deprive their partners or aggressors of their lives.
This implies the need for the judges to interpret the elements of this figure based on the method to judge with a gender perspective, which implies considering that violence in this area is, by itself, an illegitimate aggression and, therefore, without right, being proscribed by the legal system.
Violence against women is continuous and cyclical; therefore, it can happen at any time, even more so in the domestic sphere.
It is common for the victim to live with the constant fear and concern that at any moment they will suffer attacks, that is why attacks on their person are an imminent evil that deserves to use defense to protect their integrity, their life and that of third parties.
Therefore, it is valid and justified for a woman to defend herself from her aggressor and until a third person acts in her defense to repel the attack of which she is a victim.
The need for defense is associated with the aggression itself to the extent that it is necessary because it responds to a continuous act that involves being the recipient of violence and, because the aggressor is generally physically stronger, it presupposes the situation of vulnerability of the victim. the victim, as well as the constant danger in which he finds himself.
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Interpreting the figure of legitimate defense with a gender perspective, framing it from the special circumstances of women victims of domestic violence, is a big step towards a fairer and more equitable administration of justice.
As always a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!
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