La aplicación de la eximente de la legítima defensa completa ante una intromisión ilegítima

Abstract

The objective of this article is to give visibility to the problems caused by the owner who is the victim of an illegitimate intrusion into his home to being subjected to criminal proceedings as a defendant due to the illegal action of third parties. For this reason, it is necessary to modify article 20.4 of the penal code so that legitimate defense is automatically applied as a complete defense and, consequently, establish the lack of need to subject the dweller of the dwelling to a criminal procedure as accused by a intentional crime. In turn, the results obtained establish an appropriate modification of article 20.4 of the penal code through the automatic application of the defense of complete legitimate defense in cases of illegitimate interference and, in turn, a legislative change of the LECrim regarding criminal procedure.