Winning statement is an expression used in the legal field, which means a kind of "exchange of favors" between the judge and the defendant. If accused provide important information on other criminals in a gang or data that help to solve a crime, the judge may reduce the defendant's sentence when he is tried.
Many people regard the award statement as a "prize" for the accused who chooses to denounce his cronies and help with police investigations. According to Brazilian law, the judge may reduce the whistleblower's penalty between 1/3 (one third) and 2/3 (two thirds), if the information provided really helps to solve the crime.
Learn more about meaning of whistleblower.
The winning declaration is provided for by law in Brazil since the decree of law nº 8072, of July 25, 1990, known as the Law of Heinous Crimes, in article 8, sole paragraph:
Art. 8th The penalty provided for in art. 288 of the Penal Code, when dealing with heinous crimes, practice of torture, illicit trafficking in narcotics and related drugs or terrorism.
Single paragraph. The participant and the associate who denounces the gang or gang to the authority, enabling its dismantling, will have the penalty reduced from one to two thirds.
Later, in 1999, the decree of law nº 9807 and article 159 of the Brazilian Penal Code, both, respectively, present the following texts:
Article 159 (Brazilian Criminal Code):
"Kidnapping a person in order to obtain, for himself or for others, any advantage, as a condition or price of ransom: Penalty: imprisonment for eight to fifteen years.
§ 4 - If a crime is committed in a contest, the competitor who denounces him to the authority, facilitating the release of the abductee, will have his sentence reduced from one to two thirds".
Article 13 (Law No. 9,807/99):
"May the judge, ex officio or at the request of the parties, grant court pardon and the consequent extinction of punishment to the accused who, being primary, has effectively and voluntarily collaborated with the investigation and criminal prosecution, provided that this collaboration has resulted in:
I – the identification of the other co-authors or participants in the criminal action;
II - the location of the victim with their physical integrity preserved
III – the total or partial recovery of the proceeds of crime.
Sole paragraph: the granting of judicial pardon will take into account the personality of the beneficiary and the nature, circumstances, gravity and social repercussion of the criminal fact"
Article 14 (Article No. 9,807/99):
"The indicted or accused person who voluntarily collaborates with the police investigation and criminal prosecution in the identification of the other co-authors or participants in the crime, in the case of conviction, will have its sentence reduced from one to two thirds".
See also: the meaning of Leniency Agreement.
How the award-winning statement works
The winning statement can be requested by the defendant himself, through a formal request made by his lawyer, or suggested by the prosecutor who is investigating the criminal case.
If the winning statement is approved, the whistleblower must give the judge pertinent information about the case in which he is involved. If the judge considers the data reported by the defendant really important, he will consent to a "relief" in his sentence, such as:
- reduction of the sentence from one to two thirds of the total;
- sentence in semi-open regime;
- total annulment of the conviction;
- forgiveness for involvement in the crime;
However, if the information provided by the whistleblower is untrue, the judge can increase your conviction and still prosecute you for "slanderous denunciation", being punished with two to eight years in prison for breaking the truth.
See also the meaning of X9.