EL USO LEGÍTIMO Y EXCESIVO DE LA FUERZA POLICIAL EN LA LEGÍTIMA DEFENSA COMO CAUSAL DE AUSENCIA DE RESPONSABILIDAD

Abstract

This article aims to elucidate the configuration of self-defense as a ground for the absence of criminal liability, with a particular focus on the specific situations faced by members of the National Police of Colombia in the performance of their duties. It further examines instances where the requirements for self-defense are not met, resulting in the potential attribution of other criminal offenses. The purpose is to provide a valuable resource for public security officials, who serve as guarantors of safety and public order in the country. Colombian legal framework establishes a series of guarantees designed to protect police officers. Accordingly, the provisions of the Constitution, the Military and Police Criminal Code, and relevant jurisprudential developments collectively guide the legitimacy of police actions under the principle of legality. Police officers play a crucial role in Colombian society by ensuring the security and tranquility of the population. Their work entails significant responbility, obligating the State to safeguard both their rights and their duties towards citizens. Members of the National Police must possess the necessary legal certainty to exercise their authority and implement coercive measures. At the same time, they must have a clear understanding of the boundaries of their authority to avoid overstepping their functions, in accordance with Article 6 of the Political Constitution of Colombia.