Legal analysis: José Martínez Brito explains self-defense following the Julián Oro Duro case
Following the tragic event that occurred at the residence of merengue artist Julián Oro Duro, where the artist was injured and his wife passed away due to an assault, lawyer and communicator José Martínez Brito offered a legal overview regarding self-defense in the Dominican Republic. The analysis focused on the regulatory transition between the previous penal code and the provisions of the New Penal Code.
Key differences in citizen protection
Martínez Brito emphasized that, while the old legislation focused rigidly on the proportionality of weapons, the current legal framework prioritizes the protected legal interest, placing life as the supreme value. Under this premise, if a person’s life is in imminent danger, the type of weapon used by the aggressor ceases to be the determining factor for judicial evaluation.
- Elimination of time barriers: Unlike the previous regulation, which required that the intrusion into private property occur during the night to presume self-defense, the new code eliminates this distinction, granting legal protection regardless of the time of day.
- Defense of third parties: The new legal framework explicitly recognizes the validity of self-defense when the protected asset belongs to a family member or companion, eliminating the need to resort to complex jurisprudential interpretations.
Proportionality is measured based on the protected legal interest, with life taking precedence as the fundamental value. Therefore, when life is in danger, the nature of the aggressor’s weapon becomes secondary.
José Martínez Brito
Limits and scope of the regulations
The expert was emphatic in pointing out the boundaries of the law. He warned that the concept of self-defense loses its legal validity if the aggressor flees and is struck by a gunshot on a public road, as the direct threat has ceased. In such circumstances, the regulations only contemplate the concept of the “legal excuse of provocation,” which does not exempt one from criminal liability, but can act as a mitigating factor for the reduction of a potential sentence.
Finally, the jurist acknowledged that proving self-defense before the Dominican courts remains a complex process. However, he urged citizens to prioritize the preservation of life in situations of extreme danger, highlighting that the new provisions offer a clearer regulatory framework to protect the integrity of families against crime.
