heinous crimes are crimes considered more serious and the severity can be due to various reasons, such as the purpose or the form of execution.
They receive this classification because its occurrence tends to cause grief and social indignation. Therefore, these criminal types are treated more strictly by the law.
In Brazil, the classification of heinous crimes has existed since 1990, when the Law of Heinous Crimes was published.
heinous crimes law
The crimes are defined in Law No. 8072/90, known as the Heinous Crimes Law. In addition to listing which crimes are considered in this way, the law also defines the penalties for each one. It is important to know that only the crimes listed by law they are heinous.
Another important detail was defined in the law: the crimes listed are hideous even if they are tempted. For example, an attempted rape is also a heinous crime, as the crime of rape is classified that way.
What are the heinous crimes?
There are 14 heinous crimes. They are as follows:
- Epidemic (resulting in death),
- Rape,
- Vulnerable rape,
- Qualified extortion by death,
- Extortion through kidnapping,
- Forgery, corruption or alteration of therapeutic or medicinal products,
- Favoring prostitution or sexual exploitation of children, adolescents or the vulnerable,
- Femicide,
- Genocide,
- Homicide (if qualified or committed by an extermination group),
- Very serious bodily injury,
- Bodily injury followed by death,
- Robbery,
- Illegal possession or possession of a restricted-use firearm.
See more details about the crimes of femicide and Robbery.
What crimes are equated with heinous?
There are also some crimes that are not on the list of heinous crimes, but they are also treated in the same way. See what they are:
- Torture,
- Drug trafficking,
- Terrorism.
Know the meanings of crime and heinous.
Differences between heinous crimes and other crimes
As we have seen, these crimes are considered more serious and are therefore treated differently by the courts. Know the main differences:
- in heinous crimes there is no possibility of payment of bail for freedom from imprisonment.
- The initial prison regime will always be closed.
- Temporary detention can be decreed for a longer period.
- Regime progression rules are stricter.
- They cannot receive grace, pardon and amnesty.
Grace, pardon and amnesty: what does it mean?
The law states that heinous crimes are not subject to grace or amnesty. This means that people convicted of heinous crimes cannot receive any of the benefits provided by law.
Grace and pardon they eliminate the execution of the penalty, in part or in whole. Grace is given to one person and pardon can be given to a group. They must be assigned by the President of the Republic, through the publication of a decree, which can only happen after the final judgment of the sentence, that is, when there is no longer any chance of appealing the decision.
Already the benefit of amnesty extinguishes the criminal effects of the commission of a crime and can be granted even before the court sentence. In order for it to be granted, it must be approved by law in the National Congress.
Learn more about these benefits: amnesty and pardon.