Chilean Chamber of Deputies Approves Extension of Privileged Self Defense to Off Duty Security Forces

The Chamber of Deputies has approved a bill that extends privileged legitimate defense to military and police officials acting in defense of themselves or others while off duty. The project, which modifies the Penal Code, passed with 114 votes in favor, 26 against, and two abstentions. It now moves to the Senate for further consideration.

The initiative, referred to as Nain Retamal Law 2.0, was introduced by lawmakers from Renovación Nacional. Supporters of the bill, including Security Minister Martín Arrau, argue that the measure provides necessary legal certainty and protection for officials who intervene in crimes while not on active duty. They contend that the current law creates an undesired exclusion for officers who are not on their shift.

Opponents of the measure characterize the bill as a means of sowing impunity. Some critics argue that the proposal creates a penal exemption without sufficient rules, limits, or controls, and fails to clearly define the status of being off duty. While the center right frames the bill as a tool for legal protection and security, the center left framing emphasizes concerns over a lack of transparency and the potential for unsanctioned abuses of power.