Guillaume’s killing is a sensitive topic that is frequently discussed in the field of criminal law.
Since there is no intent to cause harm, questions arise about the factors that could worsen or lessen the punishment, particularly in incidents like car crashes.
This article clarifies the key elements of this offense, its consequences, and the functions of aggravating and mitigating factors, illustrated with practical examples.
What constitutes culpable homicide?
Guilty homicide happens when someone causes another person’s death unintentionally, through recklessness, negligence, or incompetence.
These ideas are essential.
- Imprudence is taking swift and reckless actions without considering the potential risks, like shooting a gun into the air during a celebration.
- Neglect is when an individual fails to act appropriately due to a lack of attention or carelessness, like leaving a dangerous drug within a child’s reach.
- He engages in an action without the necessary skills, like mishandling electrical equipment, which results in a deadly incident.
What sets the murder apart from the other individuals involved in that crime?
Culpable homicide is accidental, while intentional homicide occurs when the perpetrator intends to kill or knowingly risks causing death.
Different categories exist within the heinous crime of murder.
- Simple: When there are no additional descriptions.
- Qualified as aggravating due to a clumsy motive or the use of cruelty.
Another important category is when the author commits murder out of intense emotions or to prevent unfair provocation, known as privileged murder.
The crucial factor is the dolo, which sets apart the culposo from the dolous.
What is the punishment for a convicted murder? (Article 121, §3 of the Criminal Code)
Guillaume’s killing is punishable under Article 121, Section 3 of the Criminal Code (CP).
Article 121 pertains to the act of causing someone’s death.
If the murderer is at fault,
Punishment – detention, lasting from one to three years.
This punishment may be substituted with obligations that limit one’s rights, such as community service, depending on the specifics of the situation and the seriousness of the outcome.
What are the assumptions regarding heightened sanctions in this type of situation?
Art. 121, § 4 of the CP states that the punishment for a convicted murder will be raised by one-third under certain circumstances.
- Adherence to the technical standards of a profession is essential, such as a doctor being negligent during a surgical procedure.
- Failure to provide assistance occurs when the agent stops helping the victim.
- He flees to evade capture openly.
The judge enhances these aggravating factors during the determination of the sentence. Refer to the role of generic aggravating factors outlined in Article 61 of the Criminal Code.
These factors always increase the punishment under Article 61 of the Penal Code when they are not part of or do not define the crime.
I keep coming back.
The agent being responsible for the crime.
a) for pointless or clumsy;
To make it easier to commit, hide, avoid punishment, or gain an advantage in another crime.
c) betrayal, surprise attack, or deception, or any other tactic that has made it difficult or impossible for the victim to defend themselves;
Using poison, fire, explosives, torture, or other cruel methods can lead to widespread danger.
against a family member or spouse.
f) Exercising authority inappropriately or being dominant in personal relationships, living arrangements, or hosting situations, or using violence against women as defined by a particular law.
Abusing power or neglecting responsibilities associated with one’s position in office, ministry, or profession.
Against children, individuals over 60 years old, individuals who are ill, or pregnant women.
i) when the victim was directly under the care of the authorities;
The occurrence of a fire, shipwreck, flood, or other public disaster, or a specific misfortune affecting the victim.
In a state of drunkenness that was prearranged.
What are the theories behind a reduced sentence for murder?
Article 65 of the Criminal Procedure Code lists generic mitigating factors that can lead to reduced penalties.
These are factors that consistently lessen the punishment according to Article 65 of the Criminal Code.
I must be at least 21 years old on the date of the event, or over 70 years old on the date of the decision.
Ignorance of the law.
III – possess the agent.
Committed the offense due to significant social or moral worth.
He promptly and willingly took action to prevent or lessen the consequences of the crime, or tried to make amends before the trial.
The crime was committed either under coercion that couldn’t be resisted, following the orders of a superior authority, or due to intense emotions caused by the victim’s unjust actions.
d) voluntarily admitted to committing the crime in front of the authorities;
Committed the offense while influenced by a chaotic crowd, even if the crowd did not incite it.
Can guilty murderers receive judicial forgiveness?
Judicial forgiveness can be granted in situations where the repercussions of the action are sufficiently serious for the individual involved.
In situations of intentional killing, the judge might not impose a penalty if the perpetrator is severely affected by the consequences of the crime, to the extent that punishment is deemed unnecessary.
The judge might forgive a parent who unintentionally harms their child, deeming the resulting distress as enough of a penalty.
Traffic homicide
Murderous intent is often linked to car crashes.
Law 9,503/1997 (CTB) sets out particular penalties for:
Committing intentional homicide while driving a motor vehicle:
Feathers – imprisonment ranging from two to four years, along with the suspension or ban on acquiring a driver’s license.
Art. 302 of the CTB’s § 1 adds these aggravating factors, increasing the penalty by 1/3 to 1/2.
- Do not possess a National Enablement Wallet (CNH).
- Commit crimes on the sidewalk or on the pedestrian pathway.
- Aid not provided.
- During the transportation of individuals.
Article 302, section 3 stipulates a prison term of 5 to 8 years, and suspension or prohibition of obtaining a driver’s license in cases where the offense is committed under the influence of alcohol or drugs.
Responsibility and its outcomes
Guild murder is characterized by the absence of intention to cause death, yet it results in significant legal and emotional consequences.
Understanding the factors that can lessen or worsen a situation, as well as the potential for judicial leniency, is crucial for a strong defense and to avoid repeat occurrences.
Sources:
The text can be paraphrased as: https://www.planalto.gov.br/ccivil_03/decreto-lei/del2848 compiled.htm
What does the term “guilty murder” mean?
Guillaume homicide happens when one person unintentionally causes another person’s death due to recklessness, carelessness, or lack of technical skill.
The main factor is the lack of intention.
What distinguishes between a culprit and a deceitful murder?
There is no intent to kill in accidental murder, while in intentional murder, the perpetrator either intends to kill or knowingly risks causing death.
The dolous is categorized into basic (without modifiers), enhanced (with aggravating factors like negligence), and privileged (due to intense emotions).
What is the punishment for homicide?
The penalty for the offense is imprisonment ranging from 1 to 3 years as stated in Article 121, Section 3 of the Criminal Code.
It may be substituted with restrictive measures on freedoms, such as community service, based on the situation.
What theories escalate the punishment for a convicted homicide?
Article 121 of the Criminal Code states that the penalty will be increased by one-third in certain circumstances.
– His evasion to avoid arrest in a blatant manner.
What are the primary generic triggers that can be applied?
Article 61 of the Criminal Code includes general aggravating circumstances. For murder cases, certain aggravating factors, such as repetition, committing the crime against a child, a vulnerable person, or a public official, and committing the crime under the influence of alcohol, can be considered.
Can guilty murderers receive judicial forgiveness?
Art. 121, §5 of the Penal Code grants the judge the authority to suspend the penalty when the perpetrator suffers severe consequences from the offense, rendering the punishment unnecessary (e.g. a father inadvertently harming his own son).
How does vehicular manslaughter operate?
Article 302 of the CTB (Law 9.503/1997) imposes a prison term of 2 to 4 years, along with suspension or prohibition of the driver’s license. This penalty is harsher than the punishment for regular homicide because it relates specifically to traffic offenses.
What are the particular factors that worsen traffic-related homicides?
Paragraph 1 of Article 302 of the CTB stipulates a penalty increase ranging from one-third to one-half.
Not having a driver’s license; committing a crime on the sidewalk or pedestrian path; failing to provide assistance; while transporting passengers.
What is the punishment for causing a fatal accident while driving drunk?
The penalty for committing the crime under the influence of alcohol or drugs, according to Article 302, Section 3 of the CTB, ranges from 5 to 8 years with the possibility of a driver’s license suspension.
What are the primary factors that can lessen the punishment?
Article 65 of the Criminal Code includes factors that can reduce a sentence, such as being under 21 at the time of the offense, being over 70 at the time of sentencing, actions of significant social or moral value, voluntary reparation of damage, voluntary confession, and committing the offense under resistible or violent coercion by the victim.
