Legitimate self-defense in the home under Mexican law, Digi Mart USA News: Attorney Raúl Ruiz González, a specialist with more than three decades of experience in criminal litigation and amparo proceedings, presented a detailed analysis of legitimate self-defense during an interview with Shío López for El Heraldo Radio Tepic, as reported by El Heraldo de México.
The expert stressed that this legal mechanism is fundamental in situations where personal and family safety is threatened by an imminent danger, especially when the State cannot intervene immediately to protect citizens in their homes. He said legitimate self-defense is a right that allows people to protect their lives and their homes against situations of real danger.
According to the analysis, this right is not an invitation to violence, but a necessary response when the physical integrity of household members is directly at risk from third parties who enter without authorization. “When the State cannot arrive, the law allows us to defend life and home,” he said.
The legal framework is found in the Federal Penal Code. The specialist noted that current regulations protect citizens against unlawful attacks, provided that criteria of proportionality and necessity in the response are met.
He cited Article 15, section IV of the Federal Penal Code, which states that there is no criminal liability when a person repels an unlawful, current and imminent attack using necessary and proportional force to defend themselves.
The analysis emphasizes that, if a confrontation occurs, the public prosecutor is obligated to conduct a rapid and objective investigation. If it is established that the citizen’s actions conformed to the parameters of legitimate self-defense, the authority must order a non-prosecution decision, allowing the person to continue with their life without facing judicial proceedings for protecting their family.
“A person who legitimately defended themselves must be able to return home and continue their life, without being criminally pursued for protecting their life and the life of their family.”
Specialists in criminal litigation distinguish between the use of necessary force and excessive force in self-defense. The attorney concluded that this legal mechanism exists because the State cannot guarantee safety at every moment and in every home.
For that reason, the law empowers citizens to act in self-defense. “Because justice is not only applying the law; it is caring for you and your family.”
