About 570 km is the distance between the murders that shocked the Brazilian population in recent days. Whether with the remains of cruelty, which bring more similarities than differences, except in assessing the punitive intention of both crimes.
A Vitoria Regina’s death in Kagamar, Sao Paulo Greaterand The murder of Clara Maria in Belo Horizon, They offer the complexity of female control, which, based on the Brazilian Penal Code, should be judged in various ways.
A CNN He spoke to criminal law experts to understand how two similar crimes will be evaluated, initially identified by the authorities as a qualified murder, in various ways.
Similar aspects of the differences
Crimes against 17 years -Polista and 21 years -are investigated by moving miners by the civil police of both countries. Both have similar lines of the investigation, and in both cases they are practiced by people close to the victims.
The similarity between them does not stop there. In both investigations, there are elements that confirm the thesis of the previously planned crimes, the use of aggravating violence and try to hide the origin of deaths.
The crimes committed on February 26 have not yet been completed in Cajamar (SP) and March 9 in Belo Horizte, but in both cases the police were strong, and the suspects and the packed track were arrested to blame the defendants in the future.
The expert explains the natural differences
a report CNN Try to reveal the similarities, frank in the already submitted elements, which the rulings should follow, and this point, the elements that distinguish them.
He explains the punishment in the criminal law, as the criminal Rafael Piva, an expert in domestic violence, explains naturally through the uniqueness of each operation, which automatically indicates various penalties among potential convicts.
“The general idea of our legislation is that every crime has a different punishment. This is what we call the principle of uniqueness of punishment.”
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Police is missing in the police by the police. Three suspicious individuals were arrested
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Police is missing in the police by the police. Three suspicious individuals were arrested Social media
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Police is missing in the police by the police. Three suspicious individuals were arrested Social media
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Police is missing in the police by the police. Three suspicious individuals were arrested Social media
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Police is missing in the police by the police. Three suspicious individuals were arrested Personal file
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The expert explains that every criminal act has its properties, which include other structures, the judge’s opinion.
“This is because every criminal behavior has its characteristics, and the past’s past is taken into account. (…) Therefore, the rule is that feathers are really different.”
In specific cases
Sao Paulo’s civil police found the body of Vitoria Regeina about 7 days after the disappearance of the young woman. The body was found on the abandoned lands in the forest area in the Greater Sao Paulo. Initial experience indicated that the body was in an advanced state of decomposition, and was abandoned about 4 to 5 days before the police discovered.
In the case of Clara Maria, 21 years were killed, according to the initial data by suffocation. The police found the body of the young woman after 3 days of death, and she was completed in the backyard of a suspect.
However, after all, was the fact that a body was abandoned and another, does this mean a greater punishment in front of one before the other? The answer is yes.
Lawyer Amanda Silva Santos evaluates that in such cases, there is an additional circumstance that requires additional interest: a bodies have been completed, with an additional crime to hide the body.
“The fact that the customer is achieving the victim’s body is a crime of concealing the body, which always means increasing the punishment,” explains Amanda.
In this context, the concealment penalty must be added to the in force in the event of deliberate murder, as experts explain. The punishment must be added within 3 years. In addition to the way the criminal and behavior work, the main difference between qualified killing with and without hiding the body lies in the large increase in the punishment.
The expert says: “Note that the penalty for the murder in prison ranges between 12 and 30 years, and relying on the conditions of the crime, from 01 to 03 years in prison, due to the crime of concealing the body.”
The crime of hiding the body
The lawyer explains that the rubber was found the body of the young victory with signs of violence and abandoned in a difficult area.
“Just a deposit of the body on the ground, without adopting any device that tends to hide, hide or cover it, does not distinguish the crime of hiding the body,” says Amanda.
The crime of concealing the body is formed when using devices to hide, put out, or destroy all or parts of the victim’s body. In this context, the analysis of the method that the body left by the criminal will be decisive to form the crime concerned.
