The United Commissions for Citizen Security and that of the Interior and Population of the Chamber of Deputies unanimously approved the opinion on the initiatives that reform the National Law on the Use of Force, which complies with the mandate of the SCJN that ordered the Legislative branch to include the principles of rationality and opportunity, in addition to eliminating the concept of “use of epileptic force.”
The ruling, which also includes police training, was approved by 51 votes in favour, and modifies various articles of the law to establish that the purpose of the use of force is to safeguard the life, freedoms, integrity and property of people, as well as contribute to the restoration of public order, security and social peace.
On the principle of rationality, it is indicated that it is the decision with which the circumstances of the aggression, the personal characteristics and the capacities of both the subject to be controlled and the member of the security forces are valued, which implies that, given the existence of the hostile act or intention, the application of the use of force is necessary.
Regarding the principle of opportunity, it indicates that when the use of force is required, all types of unnecessary action must be avoided when there is an obvious danger or risk to the lives of persons unrelated to the facts. This means that it is necessary to reduce to the maximum the damages and affectations both to the life and the integrity of the people involved and their property and, in general, the affectation of the rights of the people.
While through a transitory, it states that the security institutions will review and update the action protocols, the manuals for the use of force, the description of the behaviors to be carried out by the agents and the training courses in order to incorporate the purpose of the use of force and the principles of opportunity and rationality in its contents, for which they will have a period of 60 business days from the day following the entry into force of the decree.
maritza.perez@eleconomista.mx
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