Brief review: legitimate defense in our current system and its use as a basis for opposition to formalization

Abstract

In this paper, we review the modifications introduced by the Urgent Consideration Law in the concept of legitimate defense. We refer especially to the assumptions established by this law as well as their scope. Finally we analyze the formalization of the investigation in our not so new adversarial system, and the possibility of the defense to oppose and the viability to found that opposition in the existence of the legitimate defense as a justification cause. Based on this, we analyze the different evidentiary standards that exist in the different stages of the formalization hearing and the arguments by which we understand that the analysis of the factual issues on which a legitimate defense is eventually based, cannot be dealt in this procedural stage of formalization.