Principio de legalidad y estado de necesidad : análisis jurídico en el proceso penal.

Abstract

The principle of legality in criminal procedure establishes that no action may be criminalized unless it is defined as a crime by law. This principle is based on several elements, including the need for the law to be codified in writing, prior to the punishable conduct, clear and precise, and strictly enforced. In situations where selfdefense or state of necessity is invoked, it is essential to distinguish between the two concepts. Self-defense refers to protection against an unjust and imminent aggression, while state of necessity implies acting to avoid greater harm. To ensure the correct application of the principle of legality in these situations, it is necessary to have a clear and coherent legal framework that establishes the criteria and conditions for its recognition, in line with international human rights standards and due process of law.