Análisis de la agresión actual e ilegítima como elemento de la legítima defensa dentro del caso No. 01283-2018-01476

Abstract

During the development of the job, an analysis of all of the circumstances in fact and in law that was related to the judicial process number 01283-2018-01476 was carried out, whereby Hernan Patricio Coraizaca was killed and Jennifer Tatiana Guzhñay was processed for being presumed to be responsible for the assassination tipified in the Article 140, number 1 of the Organic Integral Criminal Code (COIP). Within the investigation, there was a description of the actions of each of the organisms who intervened and resolved the issue. The circumstances were also established within the people who committed the judged infractions, and the evidence that was valued within the process. In addition, a detailed study was carried out of the sentence emitted by the Court of Guaranteed Criminals on site in Cuenca, where the case is sustained, that ratified the innocent status of Jennifer Tatiana Guzhñay for having acted with legitimate defence. Similarly, each of the arguments sustained by the Fiscal General of the state, the technical defense of the victim and of the accused, was analyzed. Whereby the study was carried out rigorously and with detail of the legitimate defence of each of the necessary and indispensable requirements in order to plead, but from a focus of the intrafamilial violence that merits the present case