Understanding Computer Crimes, Criminal Law, and Legal Procedures
1. Autonomous and Inappropriate Computer Crimes
Autonomous: The offense is centered on the attack on the computer itself. For example, Article 313, such as crimes involving data insertion.
Inappropriate: Crimes that involve using the computer as a tool.
2. Awarded Treachery in Heinous Crimes Law
When a participant, directly or indirectly, denounces a gang, enabling its dismantling (Law 8072, Article 8, sole paragraph).
3. Extended, Flagrant, or Direct Controlled Action
Extended Flagrant: Delay in striking; police officers monitor criminals so that the arrest is made at the earliest opportunity.
Deferred Flagrant: A police officer infiltrates a criminal organization posing as a delinquent to learn about their activities and delays the arrest until the right moment.
4. Applicability of Law 9099/95 to the Elderly Status
The procedure of Law 9099/95 is used, the most famous.
5. Search Warrant, Seizure, and Firearm Possession
A police officer serving a search and seizure warrant, authorized by judicial authority in Beltran’s home, finds a .38 caliber revolver, loaded with ammunition and without registration, inside the wardrobe. The gun is not stolen and does not have its serial number filed off. Beltrano claims he bought the gun from a stranger a long time ago and had no time to legalize it.
Analysis: Beltran will be held accountable for unlawful possession of a firearm of permitted use, pursuant to Article 12 of Law 10,826, punishable by 1-3 years of imprisonment and a fine.
Telephone Intercepts
I (True): Telephone intercepts should be legally authorized.
II (False): Telephone intercepts are permitted for crimes punishable by imprisonment.
III (True): Exceptionally, an intercept request may be made orally.
IV (True): It is a crime to intercept telephone calls with a different goal than the pursuit of proof of a criminal offense.
Criminal Misdemeanors
I (True): Do not admit attempt.
II (True): Does not admit the culpable form.
III (False): The public prosecution is unconditional for all contraventions of the LCP.
IV (True): The firearms contravention (Article 19) was partially repealed.
Statements on Criminal Offenses
I (True): Threat, minor bodily injury, and contempt are criminal offenses of lower offensive potential, according to Law 9099/95 and Law 10.259/01.
II (False): According to Law 9099/95, the materiality of the crime of bodily injury, measured through a medical report, bolsters the verdict.
III (False): The prosecution of minor offenses of lower offensive potential will always be unconditionally public.
Crimes Not Considered Heinous
I (False): Culpable homicide.
II (True): Drug trafficking.
III (True): The offense of genocide.
IV (True): The crime of an epidemic resulting in death.
Discrimination and Prejudice
It is not correct to assert that the crimes defined in Law No. 7716/89 punish any attack on rights and freedoms by means of prejudice and discrimination against political preference.
Statements on Heinous Crimes
I (False): The sentence imposed for a heinous crime follows a fully closed regime.
II (False): Embezzlement is a heinous crime provided by law, provided that it causes great damage.
III (True): The law of heinous crimes includes a provision called “awarded whistleblowing.”
Statements on the Law of Arms
I (False): The law of arms abrogated Article 19 of the Law on Misdemeanor Offenses.
II (False): The law of arms includes firearms and weapons.
III (True): Accessories and ammunition of firearms also appear in the estimates of the criminal law type of weapons.
IV (False): The crimes of the law of arms are non-bailable.
Beltran’s Case: Unregistered Firearm
(True): The possession is foreseen in the law of arms, and Beltran should be caught in the act.
Heinous Crimes or Similar
I (False): Homicide, in all its forms.
II (False): Drug trafficking.
III (True): The crime of genocide.
IV (True): The crime of an epidemic resulting in death.
Statements on Torture Law
I (True): The crimes defined in the Torture Law are public criminal actions.
II (True): There is, among the crimes of torture, a method of omission (pure omission or proper crime).
III (True): The penalty for the crime of torture will be increased if the perpetrator is a public agent in the exercise of their activity.
IV (True): In the law of torture, we find variations that require specific intent.
Statements on Law 9605/98 (Environmental Crimes)
I (True): There is a provision for penalties for corporations.
II (True): All crimes are unconditionally public criminal actions.
III (True): Practicing abuse against domestic animals is a typical offense.
IV (True): A low level of education of the environmental offender is a circumstance that could reduce their sentence.
Discrimination in Law No. 7716/89
It is fair to say that the crimes defined in Law No. 7716/89 punish any violation of fundamental rights and freedoms through prejudice and discrimination in relation to (True) religion, national origin, and race.
Statements on Misleading and Unfair Advertising
I (True): Misleading advertising is that which contains information that is fully or partially false.
II (True): Advertising that is unfair is susceptible to inducing consumers to conduct harmful or hazardous to their health or safety.
III (False): The crimes of the Consumer Code are subject to public prosecution.
Statements on Law 11.340/06 (Maria da Penha Law)
It is correct to say:
I (True): The relevant law protects against physical, psychological, and moral violence, among other forms.
II (True): The law in question brings the possibility of the arrest of the offender.
III (True): The law concerned determines that the police should, where necessary, monitor the injured party until their home to ensure the removal of their belongings from the site.
IV (False): The law in question makes all crimes involving gender-based violence into unconditionally public criminal violations.
Statements on Maria da Penha Law
I (False): Law 11.340/06 deals with violence against men and women, as long as they are victims of domestic assaults.
II (False): Having sex with one’s own wife, by force, is not a form of violence, since it involves the provision of marital duty and cannot be refused without good cause.
III (False): The law provides for penalties for food or any other pecuniary benefits, provided that they are of non-negligible value.
Statements on the Elderly Status
I (True): Protects persons aged sixty (60 years) or older.
II (False): The crimes are subject to public prosecution upon representation of the elderly.
III (False): To deny someone employment or work for reasons of age is not a typical prediction by law.
Statements on Environmental Law
A (True): Animal cruelty is provided as an environmental crime.
B (True): In law, there is a prediction of environmental damage in its culpable form.
C (True): The crimes defined in the law in question are all public criminal actions.
D (False): Compensation for environmental damage by the convicted person is irrelevant in applying the penalty.
II (False): Embezzlement is a heinous crime provided by law, provided that it causes great damage.
III (True): The law of heinous crimes brings the prospect of a mode called “awarded whistleblowing.”