Meaning of intentional and culpable homicide

What is intentional and culpable homicide:

Intentional and culpable homicide are types of homicides that qualify the circumstances or intentions of a murder; the act of killing another individual.

Intentional homicide is when a person intentionally kills another . This type of homicide can be classified as direct intent , that is, when the individual really wants to kill another person; or indirect intent , when the individual does not intend to kill, but is responsible for organizing an event that causes someone’s death as a result.

Intentional homicide is provided for in article 121, p. 1-2 of the Brazilian Penal Code .

Manslaughter is when a person kills another unintentionally , when the guilt is unconscious . The causes of culpable homicide are guided by negligence , imprudence or malpractice .

Manslaughter is provided for in article 121, p. 2-4 of the Brazilian Penal Code .

Penalties for intentional and culpable homicide

In simple intentional homicide , the period of imprisonment can vary between 6 and 20 years , in a semi-open or closed regime, depending on the sentence determined.

The individual who practices simple intentional homicide from an act of violent emotion or followed by unfair provocation by the victim, may have his sentence reduced from 1/6 (one sixth) to 1/3 (one third) of the total defined by the judge. The penalty can be further increased by up to 1/3 (one third) if it is committed against a minor under 14 years of age or an over 60 years of age.

In qualified intentional homicide , the period of imprisonment can vary between 12 and 30 years , in an exclusively closed regime. This type of penalty is intended for intentional crimes with traces of cruelty, or that may result in a danger to society as a whole.

In case of manslaughter, the defendant can be sentenced between 1 to 3 years in prison. If the accused is not a repeat offender, the regime can be opened, as provided for in article 33 of the Penal Code .

In cases of culpable homicide, the penalty may be increased by up to 1/3 (one third) by the judge, if it is proven that the accused did not obey basic safety rules and techniques, did not provide immediate assistance to the victim or did not seek to reduce the consequences of your actions, for example.

The penalty for culpable homicide may not be applied in cases where the accused suffers consequences as serious as the criminal “punishment”, this being a decision of the judge and the jury.

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