Guillaume’s killing is a sensitive topic frequently discussed in the field of criminal justice.
Doubts can arise regarding the circumstances that could worsen or lessen the penalty in cases like traffic accidents, as there is no intent to kill.
This article outlines the key elements of the offense, its consequences, and the functions of aggravating and mitigating factors, illustrated with practical examples for better understanding.
What constitutes culpable homicide?
Guilty homicide happens when someone unintentionally causes another person’s death due to recklessness, negligence, or carelessness.
These ideas are essential.
- Imprudence involves acting quickly and recklessly without considering the potential outcomes, like firing a gun into the air during a celebration.
- Neglect refers to the failure to act appropriately due to lack of attention or carelessness, like leaving a harmful drug where a child can access it.
- Incompetence: He engages in an activity without the necessary skills, like mishandling electrical equipment, resulting in a deadly accident.
What sets apart the murder from the other individuals involved in that crime?
Culpable homicide is accidental, while dolous homicide is intentional or involves the risk of causing death.
Different categories exist within the heinous crime of murder.
- Basic: When there are no additional conditions.
- Qualified: When aggravation is considered a foolish motive or cruelty is employed.
Another important type is known as justified homicide, where the individual carries out the action due to intense emotions or in order to prevent unjust provocation.
The main factor is the intent, which differentiates the negligent from the intentional.
What is the punishment for committing murder with proven guilt? (Article 121, §3 of the Penal Code)
Murder committed by Guillaume is punishable under Article 121, Section 3 of the Criminal Code (CP).
Article 121 pertains to causing the death of an individual.
If the murderer is at fault.
Imprisonment – detention, lasting between one to three years.
The penalty may be substituted with alternative measures, such as community service, based on the specific situation and the seriousness of the outcome.
What are the assumptions behind the proposed higher penalties for this type of offense?
The penalty for a guilty murder will be raised by one-third if certain conditions are met, as stated in Article 121, Section 4 of the Criminal Code.
- Adhering to the technical standards of a profession, art, or craft is important, such as when a surgeon performs surgery without caution.
- When the agent stops helping the victim, it is considered aid failure.
- He flees to evade capture openly.
The judge enhances these aggravating factors in the sentencing process. Consider the role of generic aggravating factors outlined in Article 61 of the Criminal Code.
Certain circumstances always increase the penalty under Article 61 of the Criminal Code, even if they do not establish or characterize the crime.
I – the repetition.
The agent committed the crime.
a) for useless or clumsy;
To help or ensure the commission, concealment, lack of punishment, or benefit of another offense.
The offense may be committed through betrayal, surprise attack, or deceit, or any other means that have made it difficult to defend against.
Using poison, fire, explosives, torture, or other cruel methods that pose a common danger.
e) opposing an ancestor, descendant, sibling, or spouse;
Abuse of power or control in familial, living, or social situations, or through violence against women as outlined in a particular law.
Abusing power or neglecting duties associated with a position of authority.
h) directed towards children, individuals over 60 years old, individuals who are ill, or pregnant women;
i) when the victim was under the direct care of the authority;
In the event of a fire, shipwreck, flood, or other public disaster, or if the offended party experiences a personal tragedy.
In a state of drunkenness that was prearranged.
What are the possible reasons for a reduced sentence in a murder case?
Article 65 of the Criminal Procedure Code includes a range of general mitigating factors that can result in reduced penalties.
These are factors that consistently reduce the punishment according to Article 65 of the Criminal Code.
I must be under 21 years old at the time of the incident or over 70 years old at the time of the verdict.
Ignorance of the law.
III – possess the agent.
Committed the offense due to significant social or moral worth.
He promptly and effectively tried to prevent or lessen the consequences of the crime, or to have already fixed the damage before the trial.
The individual committed the offense either under duress that they couldn’t resist, following orders from a higher authority, or due to intense emotions triggered by the victim’s unjust actions.
The person admitted to committing the crime without being prompted by authority.
The crime was committed while influenced by a chaotic crowd, even if the crowd did not cause it.
Can a guilty murderer receive judicial forgiveness?
Judicial forgiveness can be granted in situations where the repercussions of the action weigh heavily on the perpetrator.
The judge has the option to not impose a penalty in cases of culpable homicide if the consequences of the offense seriously affect the perpetrator.
The judge might pardon a parent who unintentionally harms their own child, viewing the resulting distress as adequate retribution.
Traffic homicide
Murder convictions are frequently linked to car crashes.
Law 9,503/1997 (CTB) sets out particular penalties for:
Art. 302 of the CTB refers to committing intentional homicide while driving a motor vehicle.
Feathers – detention ranging from two to four years, and suspension or prohibition of being able to get a driver’s license.
Art. 302 of the CTB’s § 1 lists additional aggravating factors that can increase the penalty by 1/3 to 1/2.
- Do not possess a National Enablement Wallet (CNH).
- Committing illegal activities on the sidewalk or pedestrian path.
- Failure to provide assistance
- During the transportation of individuals.
§ 3 of Article 302 mandates a prison term of 5 to 8 years, along with the suspension or prohibition of acquiring a driver’s license if the offense is committed under the influence of alcohol or drugs.
Responsibility and Outcomes
Guild murder is characterized by the absence of intention to commit homicide, yet it carries 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 effective defense and avoiding similar incidents.
Citations:
The text can be paraphrased as: https://www.planalto.gov.br/ccivil_03/decreto-lei/del2848 compiled.htm