The Minister of Justice, Luis Cordero, defended the head of the Interior, Carolina Tohá, for the statements made about the police procedure that resulted in a person dying after she ran over a Carabineros official in San Antonio.
In that sense, Tohá declared that the actions of the police officers must be investigated by the courts. “If the shot was to prevent them from running over the police is one thing, but if it was when the vehicle was fleeing to prevent the escape, it is another,” he said.
In view of the above, Cordero said that the head of Interior “made a legal clarification.”
“For the law to operate, it requires certain budgets to be given. One is what is linked to the Naín-Retamal rule, but there is another specific rule in Article 411 of the Code of Military Justice, which is the case of the use of a weapon in case of flight, where a similar presumption applies,” he said.
In addition, the Minister of Justice said that “what Minister Tohá did was to strictly make a legal clarification that is part of the normal debate of this type of matter.”
“If Nain-Retamal is applied, it will apply the rule of presumption of self-defense that is in the rule that was promulgated on Thursday and published today,” he said. “If it is a case of flight, the hypothesis of 411 of the Code of Military Justice applies,” he said.
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