The primary defendant’s state can impact the conviction and sentencing in criminal law.
What defines the main accused and what advantages does it offer? Explore this text!
What does the main defendant refer to?
The main defendant is the individual who has not been definitively convicted of a crime in a trial.
This situation shows that there is no criminal record, which can have a positive effect on determining the sentence and other legal procedures.
Verifying if the defendant is the main party involves examining the factor of “transit in judged.”
If a person has already committed a crime but all legal procedures have not been completed by the time of their next trial, they are still seen as the main suspect.
What conditions must be met to be regarded as the main defendant?
To be seen as the main accused, one must fulfill the following criteria:
- The defendant may avoid a penal sentence if there is no clear condemnation in a judgment under Article 63 of the Criminal Code, meaning it does not happen repeatedly.
The repetition occurs when an individual commits a new offense after being convicted of a previous crime, either in the country or abroad.
- If the defendant has a past conviction, but the completed sentence has been expired for over five years, they may be viewed as a first-time offender again under CP’s article 64, section I.
For the sake of repetition:
The previous conviction will not be considered if more than 5 years have passed since the completion of the penalty and the subsequent offense, taking into account any periods of suspension or conditional release without revocation.
- Military and political offenses: The defendant’s repeated involvement in military and political crimes, as stated in article 64, section II, of the Criminal Code.
Art. 64 of the Criminal Code pertains to the concept of relapse.
They do not view themselves as military and political offenses.
Primacy in practical terms signals a history of clean behavior in criminal matters, which is important in determining the penalty, as stated in Article 59 of the Criminal Code.
The judge will determine the appropriate punishment based on various factors such as the offender’s culpability, background, behavior, and the circumstances of the crime.
What kinds of priority are there?
Primality can be categorized as:
- When the accused has no prior criminal record, it is a significant advantage.
- When prior convictions do not indicate repeated offenses because five years have passed since completing the sentence, it is considered as improper primaryness according to Art. 64, I, CP.
Defining the legal benefits applicable to the case is crucial, particularly in terms of determining the dosage of the sentence.
What type of defendants?
Different categories of defendants exist in the penal classification.
- The primary rule states that individuals without previous definitive condemnation may be eligible for alternative measures and reduced penalties in specific situations.
- If someone has a prior conviction and has served a sentence for over five years, they are considered to have fulfilled the penalty.
- The individual who commits a new offense after being convicted and tried for a previous crime, as stated in Article 63 of the Criminal Code, will face consequences.
This classification assists in directing legal judgments concerning punishment and procedures.
What advantages come with being the main defendant?
The advantages of being the main accused in the Brazilian criminal justice system are connected to not having a criminal record and the potential for special treatment during various parts of the legal process.
We will provide a thorough explanation of them.
Complaint filed.
Primality can lead to lighter penalties as the defendant is not a repeat offender.
For criminal proceedings, the repeated aggravation of the offense can be considered during phases 1, 2, or 3 of sentencing. Refer to Article 61 of the Criminal Procedure Code for more information.
Certain circumstances that consistently worsen the punishment when they are not part of the crime or do not alter its nature.
I – the repetition.
The lack of repetition can help establish a milder starting point, as stated in Article 33, Section 2, of the Criminal Procedure Code.
Criminal legal actions
During the stage of criminal execution, the main accused also receives advantages.
Good behavior along with no repeat offenses allows for quicker advancement in the prison system, as stated in Article 112 of the Criminal Execution Act (LEP).
The criminal policy of tailoring penalties seeks to combine punishment for crimes with the social reintegration of the main offender based on their positive background.
Primary defendant granted a suspension and early release.
The sursis is a benefit given to the defendant under certain conditions outlined in Article 77 of the CP.
- Freedom can be restricted for up to 2 years as a private penalty.
- Do not exchange the personal penalty of freedom for a limiting penalty of rights, as stated in Article 44 of the Criminal Code.
- Convicted non-resident in intentional crime.
- The agent’s guilt, history, behavior, and character, along with the reasons and circumstances, justify the granting of the benefit.
Supreme Court ruling 499 states that having a previous fine conviction does not disqualify a suspended sentence according to Article 77, § 1 of the Penal Code.
When do you no longer have the main defendant?
Primality is forfeited when the accused is sentenced during trial proceedings, as per Article 63 of the Criminal Procedure Code.
There is a chance that the defendant may be seen as the main person again, as previously explained.
Primality as a determining element
The primary defendant’s condition can greatly affect the result of a criminal case, providing advantages such as potential alternative punishments and quicker progression through the legal system.
Understanding this idea and its legal complexities is crucial for lawyers and legal professionals aiming to provide the most effective defense strategy.