crime is a an act that is prohibited by law and has a specific penalty if performed. It is an action performed by a person who goes against the law and receives a punishment.
A crime is an attitude, which can be committed by a person or by a group, which violates the criminal law and has punitive consequences (application of a penalty).
The term comes from Latin crime which means “offense, accusation”.
The Introductory Law to the Criminal Code (law No. 3914/41) defines a crime in this way:
Art 1º - A criminal offense that the law entails the penalty of imprisonment or detention is considered a crime, either alone, alternatively or in addition to the penalty of a fine; misdemeanor, the criminal offense that the law imposes, alone, simple imprisonment or a fine, or both, alternatively or cumulatively.
How is a crime characterized
Crime is characterized by an attitude that causes harm to a property that is protected by law, such as life and private property, for example.
The property protected by law is called protected legal asset.
What are the phases of a crime?
A crime goes through five stages, from the appearance of the idea to the moment it is committed and consummated.
The phases are called iter criminis, this Latin expression means "path of crime".
- cogitation phase: at this stage the idea about the crime arises, that is, the person is considering committing the crime, but this does not mean that it will be committed. The crime under consideration, if not concluded, has no punishment, since there is still no damage to the legal interest.
- preparation phase: at this stage, whoever intends to commit a crime begins to take the necessary steps to carry it out, these are the preparatory acts for the commission of the crime. In general, acts of preparation, prior to the consummation of the crime, are not grounds for applying a punishment, unless they are also related to conduct that is prohibited by law.
- execution phase: this is the stage where crime actually happens. That's when the criminal takes the preparatory acts into practice. The execution of the crime can be done successfully or not, this will determine whether the crime was consummated or attempted and both cases are punishable by law.
- consummation phase: consummation happens when the crime is carried out and the planned result is achieved.
- exhaustion phase: the last step is related to the criminal's actions and the circumstances that can be considered for the application of the penalty, such as aggravating and mitigating conduct. Aggravating factors may increase the amount of the penalty and mitigating factors may decrease the penalty.
Meet the mitigating circumstances.
Main types of crime
Each crime causes damage to a different legal asset and, therefore, crimes are classified according to the planning, form of execution and consummation of the act (crime itself).
Know the main classifications of a crime:
simple crime
Are the crimes foreseen in a only penal type, the conduct committed corresponds to a crime that is provided for in criminal law.
Example: crime of murder (killing someone).
complex crime
It is the crime that results from the union of two or more criminal types, that is, of two or more crimes.
Example: crime of extortion through kidnapping involves the crime of kidnapping plus the crime of extortion.
related crime
Related crime happens when two or more crimes are committed and there is a relationship between them. If the connection between the crimes is confirmed, they must be tried together.
Example: a criminal who kills the mother of a child in order to kidnap her.
impossible crime
The act that could be considered a crime, but for a specific reason it turns out not to be a crime.
For example: trying to commit murder with a gun without ammo.
common crime
It is the crime that causes damage to a legal asset and can be committed by anyone. Common crimes are crimes that do not fit into special types (such as heinous crimes).
Examples: theft, robbery, embezzlement and murder.
Heinous crime
These are the crimes considered the most serious, which cause more aversion and social disapproval. Heinous crimes are defined and regulated in Law No. 8072/90 (Law of Heinous Crimes).
Examples are: robbery (robbery followed by death), rape, sexual exploitation of a child or adolescent, and extortion through kidnapping.
Learn more about the meaning of heinous.
own crime
It is the crime that can only be committed by a certain category of people, as it is understood that the criminal has a specific condition to commit the act.
Example: crimes that can only be committed by public officials in the exercise of their work activities, such as embezzlement.
Learn more about embezzlement.
own hand crime
The crime of own hand is a common crime, with the difference that it can only be committed by the person himself, that is, only someone who is in a specific situation that allows it can commit the crime. They are also called a crime of personal performance.
Example: crime of perjury (false testimony).
crime of mere conduct
These are crimes linked to the conduct carried out. They are less serious crimes, in general they are framed as criminal misdemeanors.
Examples: illegal possession of a weapon and omission of help.
See also what is a misdemeanor.
danger crime
These are the crimes that are considered to have been committed (consummated) with the exposure to danger. In other words, exposure to danger is enough for the crime to have taken place, there need not be an injury or damage.
Examples: fire, danger of venereal contagion and brawl (fight involving at least three people).
crime commission
It is the crime that happens when a person's conduct goes against a law ban.
Example: murder.
omissive crime
The omission crime happens when the individual fails to do something that could or should do.
Example: when a person has the possibility to prevent an accident from happening, but he does not.
material crime
This crime takes into account the conduct and the event that took place. For a material crime to be consummated there must be a change in the status of the affected property.
Example: murder (the change of state in this case is the loss of the good of life).
instant crime
Instant crime is committed in a single instant and has an immediate result.
Examples: homicide and bodily harm.
permanent crime
It is the crime that causes a harmful or dangerous situation that lasts over time, that is, it is a crime that happens over a period of time.
Example: kidnapping and extortion through kidnapping.
continued crime
Continued crime happens when the criminal has several different behaviors and thus commits two or more crimes of the same kind.
For example: the continuous practice of applying scams to many different people.
habitual crime
The usual crime is characterized by a criminal conduct that is repeated as a habit. This aspect is essential to configure a habitual crime
Example: illegal exercise of a profession for which you are not authorized.
progressive crime
This type of crime occurs when, in order to achieve a more serious result (a more serious crime), the agent commits a less serious conduct.
Example: bodily injury leading to death. In order to commit the crime of murder, the crime of bodily harm was committed.
attempted crime
It is called an attempted crime when, after the execution of the action starts, the crime is not consummated for reasons that were not the agent's will. The crime is attempted but not completed.
Example: the criminal performs a run over with the intention of killing the victim, but she survives. In this case it is an attempted murder.
willful crime
It is the crime committed when the subject do you want or take the risk of the outcome. That is, in intentional crime there is the agent's will to commit the crime.
Example: crime of murder (when it is premeditated by the criminal).
Also read the meaning of deceit.
guilty crime
A crime is guilty when the subject causes the criminal result, but did not intend. In that case he could have predicted that the result would be a crime and still decided to take the risk.
For example: driving under the influence of alcohol and running over a person. There was no intention of being run over, but when driving while intoxicated, the agent chose to take the risk.
preterdolescence crime
It is the crime that has two conduits, the first being intentional (with intent) and the second guilty (unintentionally).
For example: bodily injury followed by death. There was the intention to commit the bodily injury, but there was no intention to cause the death.
See more about the meaning of liability crime and passional crime.