2024-09-17 14:21:26
The man accused of murdering a criminal in Rengo will have to prove his self-defense when firing his shotgun.
UA man of Chilean nationality will be charged with homicideafter he shot and killed a criminal who broke into his house in Rengo, in the O’Higgins Region, on Tuesday night.
According to information provided by Carabineros, the incident occurred in a house located on Río Elqui Street, where Two Dominican criminals broke in carrying firearms.
To carry out the robbery, the antisocials They proceeded to threaten the woman who was on the first floor from the house.
However, on the second floor was her husband, who, upon realizing what was happening below, He took the shotgun that he had duly registered and got out ready to confront the criminals..
When facing them, He did not hesitate to shoot one of the subjectswho along with his accomplice escaped from the scene in a Chevrolet Corsa that was waiting for them outside and was driven by a woman.
Due to the severity of the antisocial’s wound, his companions transferred him to the Rengo SAR, where Medical personnel confirmed his death.
According to Major Luis Morales, from the Fourth Police Station of Rengo, who accompanied the deceased He was arrested at the health centerwhile the woman, who is his partner, was left “as a driver.”
Charged with homicide
In his report, the police chief stated that the homeowner who shot and killed the criminal who broke into his house in Rengo will be charged with homicide.
The above, because although article 10 number 4 of the Penal Code establishes that it is exempt from criminal liability “the one who acts in defense of his person or rights“, it is essential that you comply with some circumstances that must be demonstrated by the person who used the weapon to kill the criminal.
These circumstances consist of Prove an unlawful aggression; the rational necessity of the means used to prevent or repel it, and the lack of sufficient provocation on the part of the person defending himself.
According to the law, for the person who kills another to resort to the argument of self-defense “It must be proven that these three circumstances occurred. If one of them is missing, the person could be convicted.” to prison.
However, these mitigating circumstances must be determined by a court and are not done ex officio, so in these cases a judicial process is initiated in which the accused may be acquitted on grounds of self-defense, or sentenced to prison for the crime of homicide.