Homicide: Legal Aspects and Classifications
1) Homicide is defined as the elimination of human life, not to be confused with abortion, which is the elimination of intra-uterine life. (True)
2) The legal objective is the protection of the right to life, guaranteed by art. 5, caput of the Federal Constitution. (True)
3) The act of someone killing can be by action or by omission. In the latter case, there will only be homicide if the agent had a legal duty to prevent the outcome and it was possible to do so. (True)
4) An agent, even without a legal duty to prevent the death, does commit homicide in the case of aiding a traffic accident victim. (False)
5) The subjective element of the crime of murder is deceit, which can be expressed directly or indirectly. (True)
6) An individual assumes the risk and responds for malicious homicide when they fire a revolver at a group of people, hitting one of them in a lethal region. (True)
7) Someone who, at close range, shoots a victim in the head, causing serious injuries, clearly reveals the intention to kill. (True)
8) The agent who, according to the second plan, assumes the risk of killing the victim. (True)
9) There is no attempted homicide if an agent points a revolver at a person and pulls the trigger, but the shot does not occur due to a malfunction, as there was no beginning of the execution of the crime of murder. (False)
10) Whenever there is no verifiable circumstance of qualification or reduction of penalty, as provided in art. 121 of the Penal Code, the crime of murder will be considered simple. (True)
11) Relevant social value interests concern the collective purposes of life, such as freedom, security, honesty, and administrative probity, etc. (True)
12) An agent who eliminates the life of a person in a terminal cancer state to relieve suffering commits privileged homicide, which can be considered an important moral value. (True)
13) The moral or social values of the crime and the cause are not to be judged subjectively, that is, according to the personal opinion of the agent, but according to the general opinion, ethical awareness, or common sense. (False)
14) There will be privileged homicide, as per Art. 121 § 1 of the Penal Code, when the agent acts under intense emotion, absorbing, or murderous shock, dominated by unfair provocation. (True)
15) In privileged homicide, there will be unjust provocation when the victim’s action is unlawful or unreasonable. (True)
16) There will only be a reduction of penalty for homicide, in the case of violent emotion, when it is not preceded and caused by unfair provocation of the victim, not requiring that the reaction be immediately after the provocation. (False)
17) Revenge, by itself, does not qualify the crime, since not any revenge qualifies it. However, it qualifies the crime according to art. 121 § 2, I of the Penal Code, when the agent, feeling despised by his lover, resolves to take revenge by killing her. (True)
18) Both the agent who executes the homicide for hire and the mercenary who hires the services to eliminate the victim answer for qualified murder § 2, I of art. 121 of the Penal Code. (True)
19) A futile motive is when it is inadequate or disproportionate, from the point of view of the homo medius (average intelligent person) and in relation to the crime in question. (True)
20) The motive reveals a particular degree of perversity or a selfish or futile motive that translates into intolerant, arrogant, petty behavior, which goes as far as moral insensitivity.
21) Cruel means is any means that produces unnecessary physical suffering in the consummation of the murder. (True)
22) An agent who throws the victim from the tenth floor of a building commits qualified murder by means of execution. (True)
23) Poisoning, asphyxiation, or explosion are examples of cruel means employed by the agent, and the judge may also integrate other means considered cruel by analogous interpretation. (True)
24) An agent who kills his partner after a heated discussion, while the victim is washing dishes, commits homicide by betrayal. (True)
25) There will be murder by ambush when the agent waits for the victim to pass through a deserted place, attacking them by surprise. (True)
26) A gunshot fired at any cost is not a qualifying circumstance configured in item IV, § 2 of art. 121 of the Penal Code. (False)
27) Titius, an executive of a financial institution, was about to consummate a billion-dollar fraud when he received a call from Mevio, a financial officer of the same institution, who threatened to disclose the fraudulent scheme. Fearing that his crimes would be exposed, Titius arranged a meeting with Mevio in a distant neighborhood, arguing that he would make him a proposal for participation in the fraud. Upon seeing Mevio, who was waiting for his arrival, Titius pulled out a revolver and shot him three times, causing fatal injuries. In this case, can the homicide practiced by Titius be qualified? If yes, justify the qualified murder imputation with concrete facts. (True) Art 121, § 4 and 5
28) Manslaughter is characterized by the incidence of the subjective element of fault, which has in its essence the necessary objective failure of care. (True)
29) The duty of care is an obligation that everyone has, regardless of social status, to act in a way that does not cause damage to third parties. (True)
30) Recklessness is the practice of conduct that extrapolates the required safety limits. (True)
31) There will be negligence when the agent, a military police officer, forgets a gun in an easily accessible place, and an incapable person takes possession of the gun and shoots, accidentally killing a third party. (True)
32) An agent who conducts a clandestine electrical connection, causing the death of the victim by electric shock, answers for manslaughter, there being, in this case, unwise conduct. (True)
33) Inexperience is the failure to perform the required technical preparations for an activity. (True)
34) A radical sports instructor, even knowing the risks of the sport and foreseeing the possibility of the student’s death, interrupts the activity without trusting the safety equipment, and the student dies. The instructor will be penalized under art. 121 caput, manslaughter, regardless of whether there are qualifying or mitigating factors. (False)
35) In theory, an agent who loses a friend in a traffic accident caused by their negligence cannot be pardoned under the terms of art. 121 § 5 of the Penal Code. (True)