Bill would presume self-defense when protecting your home

Automatic summary, not yet reviewed

1. The bill would change the rules on self-defense in the Criminal Code. Its authors say people who defend their homes face long criminal proceedings over alleged excesses in the means of defense used.
2. A new section would be added to Article 20 of the Criminal Code. It would presume that the means used was rationally necessary when someone defends their home, its outbuildings, or, if there is a risk of attack, a commercial, professional or business premises, regardless of the result caused.
3. The presumption would only apply if the means of defense requires an administrative permit and the defender had one. The requirement that the defender did not sufficiently provoke the attack would also remain.
4. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

• People who defend their home or its outbuildings against an unlawful entry.: The means of defense used would be presumed rational, without a judge having to assess it.
• Owners of commercial, professional or business premises.: The rationality of the means used would also be presumed if there is a risk of attack at the premises.
• People using means of defense that require an administrative permit.: They would only benefit from the presumption if they held that permit.

Words worth knowing

Legítima defensa (self-defense)

A legal ground that removes criminal liability for someone who acts to repel an unlawful attack, if certain requirements are met.

Morada (dwelling)

The home where a person lives, not just any property they own.

Presumir ex lege (presumed by law)

Something is taken as true by law, without the judge needing to analyze it.

Proposición de Ley Orgánica (Organic Law bill)

A text submitted to the Congress of Deputies to change a law, not yet approved.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries