La responsabilidad penal en el uso excesivo de la fuerza por miembros de la policía nacional

Abstract

Constitutionally, the National Police is an institution created with the purpose of being the guarantor of maintaining the necessary conditions for the exercise of the rights of all the people in the national territory, with the objective of protecting and maintaining social order and coexistence between citizens. The National Police must carry out the activities that are pertinent to fulfill this purpose, likewise, it must use the means that are necessary to safeguard the protected legal goods when these are in danger. The modus operandi of the Police must be governed by a democratic framework, respect for the social status of law, and of course as an institution must ensure the protection and respect for Human Rights, hereinafter Human Rights. The police activity implies a minimum margin of error, so that in some cases certain legal rights protected by officials in the service of the National Police may be violated; when this happens, a process must be initiated to determine the legal status of those who violate these rights; however, it will be appropriate to conduct a thorough examination of the conduct of the offending official, since in some cases such as the one to be examined in this investigation, the individual in service may be exempted from criminal liability when acting under legal precepts and under the limit I allow, according to the principle of limitation and control. This indicates that he will not be criminally responsible, when he acts to safeguard his own right or third party, that is to say, when he carries out an activity under self-defense or his duty to act based on his policing function by constitutional mandate. Likewise, to protect collective rights, to mitigate the threat and to prevent more serious harm than is being produced by a person who commits a crime.