Right On!
Hi guys,
I agree with you Bubba in C A 100%. You spelled it out better than I could and touched all of the variations.
But what happens if you have to shoot someone? The laws here are basically the same throughout the USA. Self-defense is spelled out in Article 20 of the Codigo Penal of Peru. I translated it on the google translator and this is it:
Article 20
3. He who acts in defense of property or legal interests of third parties provided that the following circumstances:
a) unlawful aggression;
b) Need rational means employed to prevent or repel it, and, (*)
(*) Literal amended by Article 1 of Law No. 27936, published on 12.02.2003, which reads as follows:
B) The need rational means employed to prevent or repel it. Is excluded for the assessment of this requirement the principle of proportionality of means, considered in its place, among other circumstances, the intensity and danger of aggression, the way of proceeding aggressor and the means available for defense. "
c) Lack of sufficient provocation on who makes the defense;
4. Which, to a present danger and insurmountable otherwise, that threatens the life, physical integrity, freedom or other legal right, performs an act intended to avert the danger of self or other, provided that the following requirements:
a) When the assessment of the conflicting legal interests affected and the intensity of the danger threatening the well protected predominant interest is damaged, and
b) When using an appropriate means to overcome the danger;
5. Which, to a present danger and not otherwise avoidable, which poses a threat to life, physical integrity or liberty, makes an unlawful act to avert the danger of himself or a person with whom he has close ties.
Not applicable this exemption if the agent could be required to accept or endure the danger in the given circumstances, especially if you caused the danger or was bound by a particular legal relationship;
6. Which work by overwhelming physical force from a third party or of nature;
7. He who acts compelled by duress of an evil equal to or greater;
8. The working through provision of law, in fulfillment of a duty or in the legitimate exercise of a right, office or position; (*)
(*) In accordance with Article 4 of Law No. 27936, published on 12.02.2003, the provisions of Articles 2 and 3 of the Act, shall apply to this subsection, in what amounts to this assumption.
9. The mandatory order that works by a competent authority, issued in exercise of its functions.
10. The acting with the consent of the holder of a valid legal right to free disposal.
