After the murder of Corporal First Daniel Palma Yanez, who was shot twice in the head last night, President Gabriel Boric plans to promulgate on Thursday the new Naín-Retamal law approved by Congress. The law increases penalties for crimes committed once morest officials of the Police, Investigations, and Gendarmerie and establishes legitimate defense during police functions. A package of projects related to security dispatched by Parliament this week will be also promulgated.
During a press conference with Minister of the Interior Carolina Toha, spokeswoman Camila Vallejo revealed that the legislative initiatives backed by the Executive and parliamentary origin will be promulgated, including the law that reinforces the prosecution of weapons and the crime of extortion. The law also reinforces the capacities of the Gendarmerie and Prosecutor’s Office to contribute to investigative procedures in the prosecution of crimes within prisons. Vallejo emphasized that the State must join hands to confront organized crime, which generates not only fear but also takes lives.
The Naín-Retamal law reinforces and protects the role of Carabineros, Investigative Police, and Gendarmerie, as well as the maritime police and civil aeronautics. It also implies tougher criminal sanctions for those who attack and kill uniformed officers and restricts prison benefits for accused individuals. The law transfers the presumption of legitimate defense to the Criminal Code and limits this presumption in cases where the life or integrity of police officers or third parties is at stake. The rational use of expanded medium will be understood in cases where the defense repels or prevents an attack.
The law stipulates that courts must consider the fact as a mitigation of responsibility and reduce the penalty, unless there is fraud. The promulgation of the law will undoubtedly boost security and reassure the public, who have been plagued with fear due to violent crimes that take lives and generate tension in the community.
After the murder of Corporal First Daniel Palma Yanez, who was shot twice in the head last night, the President Gabriel Boric will promulgate the new Naín-Retamal law this Thursdaywhich increases the penalties for crimes committed once morest officials of the Police, Investigations and Gendarmerie and establishes legitimate defense in the exercise of police functions, dispatched yesterday by Congress.
The promulgation will contemplate a package of projects related to security dispatched this week by Parliament, explained the spokeswoman camila vallejo (PC) during a press conference with the Minister of the Interior, Carolina Toha (PPD), in the Palacio de La Moneda.
“We have a set of legislative initiatives -some sponsored and promoted by the Executive; others of parliamentary origin- which, by the way, we are going to promulgate today, as the law that reinforces the prosecution of weapons, the size of the use of weapons; also the law regarding crime of extortion and that also reinforces the capacities of the Gendarmerie, together with the Prosecutor’s Office, to be able to generate procedures or contribute to investigative procedures in the prosecution of crime within prisons, and others. Therefore, today we will be able to advance in the promulgation of this set of laws, including the law Nain-Retamal, but in a package of projects that have already been able to be dispatched by the National Congress”, announced the spokesperson for the Executive.
“This is added to the set of actions that we have decided to face today and carry out today to be able to face this terrible situation. Here we want the State to deploy as a whole; that we can act in coordination, unitarily, to confront organized crime,” added Vallejo.
In this regard, the spokesperson acknowledged that “Violent crimes are generating not only fear, but they are taking lives And those lives are unfortunately not repairable, not only because of those who end up being killed, but also because of the impact it generates in the community and families.”
“This implies a very important display of efforts and we are going to be working mainly on this -and obviously- led by our Ministry of the Interior, but also by mandate and leadership of the President of the Republic“, he pointed.
Finally, when asked if the Executive Branch will ask Approve Dignity (PC-Frente Amplio) to back down from its intention to go to the Constitutional Court (TC) once morest Naín-Retamal, the spokeswoman replied: “The law would have to enter into force upon promulgation”and declined to comment further.
WHAT THE NAIN-RETAMAL LAW SAYS
The new Naín-Retamal law reinforces and protects the role of Carabineros, Investigative Police and Gendarmerieas well as the maritime police and civil aeronautics, in addition to toughen criminal sanctions for those who attack and, especially, kill uniformed officers. In the same way, it restricts prison benefits for the accused.
The law will transfer the presumption of legitimate defense to the Criminal Code, removing it from the Code of Military Justice. In addition, the endorsed text limits this presumption in cases where the life or integrity of police officers or third parties is at stake.
Thus, “it will be legally presumed that the circumstances provided for the Public Order and Security Forces, Gendarmerie, the Armed Forces and the services under their dependence, when they carry out functions of public order and internal public security“.
In those cases, add the text, the radional use of the expanded medium will be understood if by reason of their position or for the reason or occasion of the fulfillment of functions of protection of public order and internal public security, repels or prevents an attack that might seriously affect your physical integrity, your life or that of a third partyusing weapons or any other means of defense.
The new law stipulates that the courts, according to the circumstances and if it is shown that there was no rational need for the use of the weapon, must consider the fact as a mitigation of responsibility and reduce the penalty by virtue of one, two or three degrees, unless there is fraud.
The promulgation of the Naín-Retamal law by President Gabriel Boric this Thursday marks a significant step in protecting officials of the Police, Investigations, and Gendarmerie, as well as other security forces. The law increases the penalties for crimes committed once morest these officials and establishes legitimate defense in the exercise of police functions. The promulgation is part of a package of legislative initiatives related to security that were dispatched this week by Parliament. The State is determined to deploy as a whole to confront organized crime and violent crimes that are taking lives and generating fear. The new law transfers the presumption of legitimate defense to the Criminal Code and limits it in cases where the life or integrity of police officers or third parties is at stake. It is a significant move towards protecting those who serve and protect us.
