CRIME COMPETITION art. 69 to 76 of the Penal Code

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Instante Jurídico

Published on May 24, 2023
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???? Instante Jurídico Community: ???? https://instantejuridico.com.br/ ????✨ In the Instante Jurídico Community that was made for OAB and PUBLIC EXAMS you receive: 1️⃣ - ANIMATED CLASSES 2️⃣ - MENTAL MAPS 3️⃣ - ILLUSTRATED HANDBOOKS 4️⃣ - QUESTION BOOKLET WITH COMMENTED ANSWER KEY ???? Instante Jurídico Community: ???? https://instantejuridico.com.br/ CRIMES EXAMS In this class, I will explain to you who study for OAB and PUBLIC EXAMS, mainly in the police area, everything about criminal exams. I will address the concept, the material, formal and continued species, I will also teach you what are the limits of the penalty according to article 75 of the Code Criminal and which sentence should be served first. Oh, and to make it easier for you to learn, I will also provide an example of each type. CONCEPT OF CONCURRENT CRIMES Let's start with the concept of concurrency of crimes. Concurrency of crimes is the situation in which a person commits two or more crimes at the same time or at different times. The purpose of this institute is to avoid impunity and ensure that the offender is held accountable for all of his or her criminal conduct. MATERIAL CONCURRENT (REAL) Requirements: plurality of conducts and plurality of results. The material concurrency occurs when the person commits two or more crimes, autonomously, in the same factual context, that is, in a single action or in distinct actions, without any relationship of dependence between them. In this case, the sentences of the crimes committed are added together. FORMAL CONCURRENT (IDEAL) Requirements: conduct with plurality of results. The formal concurrency occurs when the agent commits a single criminal conduct, but there will be two or more crimes, which may or may not be the same. In this case, the conduct is considered a single crime, and the penalty is more severe than if it were a single offense. The penalty applied will be that of the most serious crime, plus an increase of one sixth to half. CONTINUING CRIME Requirements: two or more conducts with multiple results, which are two or more crimes, and the crimes occur one after the other, that is, we have an identity of time, space and mode of execution. SENTENCE LIMITS The penalty in Brazil will always be limited, that is, life sentences are not permitted, as provided for in article 5, paragraph 47, item b, of the Federal Constitution, which states: there will be no life sentences; For many years, the maximum sentence in Brazil was 30 years, but since 2019 it has been increased to 40 years, with the penal reform that became known as the anti-crime package.

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