Willful and manslaughter are modalities of homicides that qualify the circumstances or intentions of a murder; the act of killing another individual.
Willful murder is when one person intentionally kills another. This type of homicide can be classified as a direct fraud, that is, when the individual really wants to kill another person; or indirect fraud, when the individual does not intend to kill, but is responsible for organizing some event that causes the death of someone as a result.
Willful murder is provided for in article 121, p. 1-2 of Brazilian Penal Code.
Manslaughter is when one person kills another without the intention, when the guilt is unconscious. The causes of wrongful death are guided by the negligence, recklessness or malpractice.
Manslaughter is provided for in article 121, p. 2-4 of Brazilian Penal Code.
Penalties for Willful and Manslaughter
At the simple willful murder, the period of seclusion may vary between 6 to 20 years, in semi-open or closed regime, depending on the determined penalty.
The individual who commits simple willful murder from an act of violent emotion or followed by unjust provocation of the victim, may have its penalty reduced from 1/6 (one sixth) to 1/3 (one third) of the total defined by the judge. The penalty can be further increased by up to 1/3 (one third) if it is committed against a minor under 14 years old or an over 60 years old.
At the aggravated murder, the period of seclusion may vary between 12 to 30 years, in an exclusively closed regime. This type of penalty is intended for willful crimes with traces of cruelty, or that may pose a danger to an entire society.
In case of wrongful death, the defendant may be sentenced between 1 to 3 years of prison. If the accused is not a repeat offender, the regime can be opened, as provided for in the Article 33 of the Criminal Code.
In manslaughter, the penalty may be increased by up to 1/3 (one third) by the judge, if it is proven that the accused did not obey the rules and basic safety techniques, did not provide immediate assistance to the victim or did not seek to reduce the consequences of their actions, for example.
The penalty for manslaughter may not be applied in cases where the accused suffers consequences as serious as the criminal "punishment", which is a decision of the judge and jury.
See too:
- Murder
- dolo
- Robbery
- embezzlement