Dolous homicide is considered one of the most severe offenses outlined in the Criminal Code (CP) and involves a detailed assessment of the subjective aspect, intent.
Understanding your subtleties is crucial for attorneys specializing in Criminal Law.
This article discusses the features of dolous homicide, distinctions from other offenses against life, and the legal repercussions.
chsyys/KaboomPics
What defines a terrible homicide?
Dolous murder happens when the perpetrator intends to cause someone’s death or knowingly takes actions that may result in another person’s death.
The author’s intention can be explicit, with a clear desire for the outcome, or implicit, with an acceptance of the possibility of a lethal result.
The planned killing is anticipated in article 121 of the Criminal Code, as we will discuss further below.
Types of pain
The dolo is the subjective component that sets apart the intentional murder from other crimes against life.
Several types of pain can affect criminal analysis, here are a few examples:
- Direct intention occurs when there is a clear intention to cause a death, and the individual plans and carries out their actions with this specific goal in mind.
- Indirect Intent: This concept involves the anticipated outcome of an action. For instance, when a car is exploded to harm a specific individual, other passengers may also be harmed.
The indirect dolo can be further categorized as alternative and potential from this point of view.
- Dolo Eventual occurs when the perpetrator recognizes the risks of their actions, even if they do not explicitly intend the outcome. An illustration of this is setting fire to a building with people inside.
- The alternative intention is established when the individual is indifferent to the specific outcome among several possibilities and is willing to accept any of them. For instance, firing a weapon into a crowd without concern for who might be struck.
Conscious guilt should be emphasized due to the confusion it creates, even though it is not necessarily a sign of doom.
The agent in this theory foresees the outcome but genuinely thinks they can prevent it by acting recklessly, unlike in a potential scenario where the risk is accepted.
What are the primary categories of homicides under Article 121 of the Criminal Procedure Code?
The primary categories of killings outlined in Article 121 of the Criminal Code consist of:
- Simple dolose homicide involves the deliberate killing of a person without any aggravating or mitigating factors.
- Qualified Dolous Homicide involves elements that intensify its severity, such as ambush, deceitful intent, or brutal means.
- Murder happens due to carelessness, recklessness, or indifference, without the intention to kill.
- Homicide by recklessness occurs when intentional behavior leads to a more severe outcome than intended, such as death.
What is the punishment for homicide?
Article 121 of the Criminal Code establishes a penalty of 6 to 20 years for intentional homicide.
If proven to meet the requirements outlined in sections I to V of Article 121 of the Penal Code, the punishment will be raised to a range of 12 to 30 years.
The starting system varies based on when the judgment is made in both scenarios.
How can the punishment for homicide be lessened?
In some situations, the legal system permits a decrease in the punishment by considering factors such as emotional, social, or cooperative aspects of the defendant with the justice system.
These factors can play a crucial role in shaping the criminal framework and determining the punishment.
Generic mitigating circumstances under Article 65 of the Criminal Code.
Article 65 of the Criminal Code outlines a list of general mitigating factors that could reduce the penalty.
These are conditions that consistently lessen the punishment according to Article 65 of the Criminal Code.
I am either under 21 years old on the date of the event or over 70 years old on the date of the verdict.
Ignorance of the law.
The agent must have.
a) committed the offense due to significant social or moral importance.
The person actively tried to prevent or lessen the consequences of the crime immediately after it occurred, or they may have already taken steps to address the harm before the trial.
The crime was committed either under duress that could not be resisted, following orders from a higher authority, or due to intense emotions caused by the victim’s unjust actions.
d) voluntarily admitted to committing the crime before the authorities;
The crime was committed while influenced by a chaotic crowd, even if the crowd did not directly cause it.
Privileged Homicide hypotheses under Article 121, Section 1 of the Penal Code.
Article 121, Section 1 of the Criminal Code allows for a sentence reduction from one-sixth to one-third if the judge deems the homicide to be privileged.
The privileged murder occurs when the crime is committed in specific circumstances.
- Interest from the entire community is focused on a significant social value, such as the scenario of eliminating a child rapist in the neighborhood.
- An important moral principle is the consideration of individual interests related to compassion or mercy, such as euthanasia.
- It happens when the victim is unfairly provoked and reacts immediately due to intense emotions.
Distinguishing factors between the reasons for reduced homicide rates and general weakening.
It is common for there to be confusion regarding the application of Article 121, Section 1 of the Criminal Code and Article 65, Section III of the Criminal Code.
Then observe.
- Reason for reduced murder rates (Article 121, Section 1 of the Penal Code):
- The author was overwhelmed by intense feelings and provoked unfairly by the victim.
- The response is instant.
- Murder is required.
- Generic mitigating circumstance (article 65, section III of the Criminal Code):
- The author was provoked unfairly by the victim and is experiencing intense emotions.
- There is no specific time limit.
- It pertains to any criminal offense.
How can the punishment for homicide be intensified?
The intentional murder can receive a harsher sentence in certain circumstances.
Qualified intentional murder (Article 121, paragraphs 2 and 2-B of the Penal Code)
The qualified intentional homicide, as outlined in Article 121, Section 2 of the Criminal Code, increases the minimum penalty for imprisonment from 12 to 30 years in specific situations.
If the homicide occurs:
I – in exchange for payment or promise of reward, or for some other reason.
II – for no good reason;
The use of poison, fire, explosives, suffocation, torture, or other cruel methods, or poses a risk to public safety.
Treason, ambush, or deception that prevents the victim from defending themselves.
To guarantee the carrying out, hiding, lack of punishment, or benefit of another offense.
Seclusion, ranging from twelve to thirty years.
Repeated again.
Members of the prison system and the National Force of Public Security, as well as their spouses, partners, or close relatives up to the third degree, are protected from violence under Articles 142 and 144 of the Federal Constitution.
VIII – with limited or forbidden firearm use:
IX – for those under the age of 14.
Punishment – isolation, ranging from twelve to thirty years.
The punishment for murder of children under the age of 14 is raised from:
One-third to half of the amount may be returned if the victim is a person with disabilities or a medical condition that increases their vulnerability.
Two-thirds if the perpetrator holds authority over the victim as a result of their familial or professional relationship.
Two-thirds if the crime occurs in a public or private school.
Subjective Factor in the Legal System
Understanding the concept of “dolo” and its different forms is crucial for analyzing intentional homicide and determining its legal classification.
Specialized lawyers play a crucial role in ensuring a fair implementation of penalties, while also honoring the rights and unique aspects of each case.
What is that?
Dolo refers to the deliberate intent to commit a crime or the acknowledgment of the risks involved in doing so.
How can we distinguish between the potential for conscious guilt?
The agent is willing to take the risk of causing the outcome in a potential scenario, believing they can prevent it in a state of conscious guilt.
What does the term “triple-qualified murder” refer to?
The killing includes three qualifying factors: a clumsy motive, a cruel act, and a method that makes it difficult for the victim to defend themselves.
What are the first and second grades?
The first-degree dolus occurs when the perpetrator intentionally aims for the particular outcome of their actions. For instance, if someone shoots another person with the intent to cause their death.
The second-degree dolus, also known as necessary dolus or dolus of necessary consequences, happens when the person intends one outcome but also foresees and accepts another inevitable result. For instance, if someone blows up a car to murder an individual inside, they also end up killing others nearby, which was a foreseeable consequence.
What gets rid of the pain?
The intent can be eliminated if the agent did not have the intention to commit the crime or did not foresee the outcome. Various scenarios can nullify the intent.
The agent’s lack of knowledge about a crucial aspect of the crime results in an impossible type error, making it difficult to establish intent.
Events happening due to unexpected external factors are considered fortuitous or force majeure situations.
If the agent acted recklessly, negligently, or with indifference but had no intention or acceptance of the risk, the guilt can be established, and the crime may be considered intentional.
How can dolo be proven?
The validation of receiving benefits relies on examining both objective and subjective factors of the situation, and can be shown by:
Crime details such as method of execution, firearm use, and repeated actions. Statements made by the accused revealing intent or acknowledgment of potential outcomes. Witness reports showing the perpetrator’s intent. Forensic findings suggesting foreseeability of outcomes and deliberate actions. Past incidents of threats, conflicts, or other evidence indicating premeditation or acceptance of risk.
What is the significance?
Preterdomous crime happens when the perpetrator intends to commit a harmful act, but the outcome is more severe than planned.
For instance, in a situation where a person intended to harm someone but the harm caused death unintentionally.
Sources:
The text can be paraphrased as: https://www.planalto.gov.br/ccivil_03/decreto-lei/del2848 compiled.htm
