Crimes Against Life: Homicide, Infanticide, Abortion
Crimes Against Life: Homicide, Infanticide, and Abortion
This document details crimes against life as defined in the Brazilian Penal Code (CP), specifically articles 121 to 129.
Homicide (Article 121 CP)
Homicide is categorized as simple or qualified (Article 121, Caput and § 2).
Participation in Suicide (Article 122 CP)
This section covers the crime of participation in suicide.
Infanticide (Article 123 CP)
Infanticide is a specific crime detailed in Article 123.
Abortion (Articles 124-126 CP)
- Article 124: Self-induced abortion.
- Article 125: Abortion performed by a third party without the pregnant woman’s consent.
- Article 126: Abortion performed by a third party with the pregnant woman’s consent.
Responsibility
Responsibility can be direct (performing the typical activity directly) or indirect (exercising coercion through threats to a third party to perform the act – physical or moral irresistible coercion, Art. 22 CP).
Note: If a threat is used, the person making the threat is considered a co-author, and the coerced individual is the one carrying out the crime.
Co-authorship and Participation
- Co-authors: Involve a unity of designs; the final will is held by two or more participants. The author and co-author, knowing the intention of the other, both participate.
- Participation: A participant (Section 29-CP) does not act directly on the life but acts on the co-author, inciting, inducing, or assisting them.
Note: The participation of the co-author depends on the author’s actions. If the author desists, the co-author’s actions may not constitute a crime. Aid can be moral (encouraging) or material (providing weapons or facilitating escape). For example, someone who orders a crime is a participant.
Subjective Element
Dolo: Requires cognition (knowledge) and will. Dolo means wanting the direct result or taking the risk of producing it. This includes the theory of consent, where the agent foresees the likelihood and consequences and consents to the risk.
Consummation and Attempt (Article 14 CP)
- Article 14, I: Consummation of murder occurs with the death of the victim.
- Article 14, II: Attempted murder occurs when the act is initiated but not consummated due to circumstances unrelated to the perpetrator’s will.
- Article 15: Voluntary Withdrawal: The result does not occur because the agent voluntarily stops the execution process.
Effective Repentance
After conducting the process of execution, the agent voluntarily and effectively prevents the occurrence of death, avoiding the consummation of the act.
Aggravating Circumstances (Qualifiers)
These are circumstances that increase the severity of the crime.
Means of Execution
Use of poison, fire, explosives, asphyxiation, torture, or other insidious or cruel means, or those that may result in common danger. This opens the possibility of integrating other means (e.g., injection of insulin in diabetics at high levels with intent to kill). Killing by drowning is a means of asphyxiation. Torture here is a means of killing and differs from the preterdolous crime that occurs when someone is tortured, and, due to excess, dies (Law 9455/97). Insidious means are treacherous, inflicting unnecessary suffering. Common peril includes cases like explosions or poisoning that endanger others.
Modes of Implementation
Treachery, ambush, concealment, or other features that make it difficult or impossible for the victim to defend themselves reveal a greater intensity of fraud, as the urge to kill is so great that the perpetrator wants to eliminate or make defense impossible. It also shows cowardice. Treason relates to a breach of trust. Ambush involves a trap. Stealth involves disguise. Surprise, at the end of the provision, makes defense impossible. The victim is vulnerable in all these cases.
Special Motive
The motive behind the act can also be a qualifier.