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(September 19, 2023) Guatemala - Death of assailant in zone 10: What the Penal Code says about self-defense when there is a threat On Monday, September 11, Jefferson Eberto González, 31, was shot dead on 12th Avenue and 14th Street, Zone 10 in Guatemala City. González stationed himself in the place where he threatened drivers with assaulting them, however, one of the drivers, aboard a green vehicle, seeing him approaching his door and touching the window, opened fire with a weapon from inside the car. After the fact, González fled and collapsed a few meters from where he tried to assault the vehicle with a toy gun, as authorities determined after processing the scene. The driver of the vehicle left the scene. However, in the first instance, if he had stayed, he would have been consigned by the authorities and placedat the disposal of a judge. In his defense, he could allege a legitimate defense framed in the Guatemalan Penal Code, which since 2020 has tried to be modified in the relative articles. Prensa Libre consulted the case with criminal lawyer and criminology specialist, Carlos Martínez Ríos, who confirms the fact and reveals that upon seeing the video, which went viral, the driver acted in "legitimate defense to protect his life." "The psychic element of using a toy gun implies the intention of the assailant, whether it is useful or not," explains the doctor of criminal law. According to Martínez Ríos "there is a malicious intent in the alleged criminal." And he adds: "the driver of the vehicle, when defending himself, does so in the face of a rational threat even if it is not real. He perceives it as such and acts." "He cannot be required to first ask or find out about the usefulness of the aggressor's weapon," he says. "Shooting after someone does the same thing in self-defense is an urban myth," he says. Martínez says that "self-defense is one of the reasons why it is considered that a citizen should not face a legal process." Although the Penal Code refers to some circumstances for now. It is framed in Article 24 of the Penal Code, but it must meet certain requirements for a judge to apply it and discharge the responsibility of the person as happened in the case of zone 10, if in that case he had been apprehended. Full Article:

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