Legal Case Studies: Debt Collection, Fraud, and Justice System Crimes
1. Debt Collection Methods
A creditor of B, a merchant, forcibly retrieves money from B’s pocket due to B’s refusal to pay a debt. Where does this offense fall? This incurs the arbitrary exercise of one’s own reasons, as taking justice into one’s own hands is not justified, even for legitimate claims.
2. Fraudulent Conduct
John engages in fraudulent conduct, causing Mary to receive an amount owed and subsequently refuse voluntary payment. John commits:
- a. Fraud (Estelionato)
- b. Theft through fraud
- c. The fact is atypical, as it is an advantage due
- d. Arbitrary exercise of one’s own reasons
3. Crimes Against the Administration of Justice
Analyze the following assertions and indicate the correct one:
- a. André files a police report against Caesar for a non-existent loan debt. André commits slanderous denunciation.
- b. Dorival falsely claims responsibility for a robbery and implicates Helio. Dorival is liable for false self-accusation and slanderous denunciation in material contest (more than one act or omission). Incorrect.
- c. Telma, after committing to testify, denies knowledge of facts in court. The case’s prescription does not affect perjury charges. False.
- d. Anita, a witness, is offered a bribe for false testimony but refuses and reports it. The defendant’s lawyer is liable for attempted bribery of a witness.
- e. Anísio, after assaulting his girlfriend, is aided by Sinval in evading police. Sinval is liable for personal favoritism.
4. Crimes Against the Administration of Justice
Which alternative contains only crimes against the administration of justice?
- a. Contempt, prison riot, evasion of paper or objects of evidentiary value
- b. Contempt, slanderous denunciation, perjury
- c. Resistance, resisting arrest, holding a reputation
- d. Personal favoritism, slanderous denunciation, arbitrary exercise of one’s own reasons
- e. Resistance, unfaithful sponsorship, arbitrary exercise of one’s own reasons
5. Prison Guard Facilitating Escape
Olivio Mevio, a prison guard, is suspected of facilitating the escape of a trafficker, Bigfoot, during a medical consultation. What crime(s) is Mevio liable for?
Justified response: If evidence confirms Olivio Mevio provided information aiding the escape, he would be liable for facilitating the escape of an arrested person or someone subjected to security measures, as per Article 351, § 4 of the Penal Code.
6. Facilitating Escape
Olivio Mevio is liable for the crime of facilitating the escape of an arrested person or someone subjected to security measures, as per Article 351, § 4. Article 351: Promoting or facilitating the escape of an arrested person. Olivio Mevio facilitated the escape by providing privileged information to the group, engaging in crime to facilitate the escape. In view of the second qualifying competition, a prison sentence of 2-6 years is applied, with a special cause of increased punishment.
7. Lawyer’s Bribery Scheme
Silvio Paz, a lawyer, is caught on wiretap arranging to bribe officers and an expert witness for a client’s acquittal. Did Silvio commit a crime? If yes, what offense and justification?
Justified response: Yes, Silvio committed the crime of influence peddling with a special cause of increased punishment, as provided for in the sole paragraph of Article 357.
8. Conflict of Interest
Lawyer Representing Opposing Parties
A lawyer defending opposing parties in the same process commits:
Answer: The crime of prevarication or simultaneous sponsorship.