Post by shibly on Feb 11, 2024 23:47:46 GMT -6
The Brazilian Penal Code is structured into a General Part and a Special Part, the latter containing provisions that deal with crimes in kind, that is, crimes against the person, against property, against sexual dignity, among others. Specifically regarding crimes against property, the wording addressed in article 157 of the aforementioned diploma regulates the crime of theft, defining it as a type of complex crime, structured in a simple, enhanced and qualified manner. In the latter case, robbery resulting in death stands out, commonly called robbery. Robbery is, specifically, robbery whose result results in the death of the victim, as imposed by item II, ยง3 of article 157 of the Penal Code.
Therefore, prima facie, for the consummation of the criminal type it is necessary that: a) the agent steals some property from the victi that this removal takes place due to violence or serious threat; and c) that the combination of subtraction and violence or Egypt Email List threat results in the death of the victim. Well then. In the jurisprudential field, discussions about the imposition of the qualification were common, with the question being raised whether it would be maintained even if the victim's assets were not effectively taken away.
Aiming to ensure uniformity of understanding in the application of Law, the issue was addressed by the Federal Supreme Court, which, through Precedent 610, pacified, in theory, the matter with the following wording: "There is a crime of robbery when the homicide is completed, even if the agent does not steal the victim's assets" . Despite the publication of the aforementioned summary, which stems from an understanding reached in 1984, the topic in question is far from reaching a peaceful understanding among legal scholars and other criminal jurists. This is because, due to the principle of strict legality, there is a portion of the legal community that disagrees with the summary understanding.
Therefore, prima facie, for the consummation of the criminal type it is necessary that: a) the agent steals some property from the victi that this removal takes place due to violence or serious threat; and c) that the combination of subtraction and violence or Egypt Email List threat results in the death of the victim. Well then. In the jurisprudential field, discussions about the imposition of the qualification were common, with the question being raised whether it would be maintained even if the victim's assets were not effectively taken away.
Aiming to ensure uniformity of understanding in the application of Law, the issue was addressed by the Federal Supreme Court, which, through Precedent 610, pacified, in theory, the matter with the following wording: "There is a crime of robbery when the homicide is completed, even if the agent does not steal the victim's assets" . Despite the publication of the aforementioned summary, which stems from an understanding reached in 1984, the topic in question is far from reaching a peaceful understanding among legal scholars and other criminal jurists. This is because, due to the principle of strict legality, there is a portion of the legal community that disagrees with the summary understanding.