Murder In Brazilian Law
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Murder In Brazilian Law
In Brazil, homicide is punished under article 121 of the Penal Code. It is split into two different categories: ''homicídio doloso'' (where the agent acts with the intent to kill, or taking the risk of killing as being a predictable consequence of his or her acts), and ''homicídio culposo'' (where the agent has no intention to kill, nor takes the risk of killing as a predictable consequence of his or her acts). The penalty for intentional homicide varies from six to twenty years; the penalty for unintentional homicide varies from one to three years. Intentional homicide may be further qualified (''qualificado'') by any of the following circumstances: * if it is committed for pay or other reward, or other vile motive; * if its motivation is futile; * if committed with the use of poison, fire, explosive, asphyxia, torture, or other cruel or insidious mean, or of any mean that may result in danger to other; * if committed by treachery, ambush, dissimulation, or other means that tu ...
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Brazil
Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population, seventh-largest by population, with over 212 million people. The country is a federation composed of 26 Federative units of Brazil, states and a Federal District (Brazil), Federal District, which hosts the capital, Brasília. List of cities in Brazil by population, Its most populous city is São Paulo, followed by Rio de Janeiro. Brazil has the most Portuguese-speaking countries, Portuguese speakers in the world and is the only country in the Americas where Portuguese language, Portuguese is an Portuguese-speaking world, official language. Bounded by the Atlantic Ocean on the east, Brazil has a Coastline of Brazil, coastline of . Covering roughly half of South America's land area, it Borders of Brazil, borders all other countries and ter ...
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Provocation (legal)
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice ( malice aforethought).Criminal Law Cases and Materials, 7th ed 2012; John Kaplan, Robert Weisberg, Guyora Binder It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."Model Penal Codes Commentaries to §210.3 Manslaughter Provocation is often a mitigating factor in sentencing. It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime. It may however, lead to a lesser punishment. In some common law legal systems, provocation is a " partial defense" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary mansla ...
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Murder Law By Country
Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consid ...
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Brazilian Criminal Justice
The Brazilian criminal justice system comes from the civil law of Western Europe, in particular Portuguese law, which derives from Roman law. The earliest legal documents in Brazil were land grants and charters dating to the early 16th century, which continued to be used until independence in 1822. Various basic principles of law are enshrined in the 1988 Constitution, such as the principle of legality and the principle of human dignity. Various institutions work together to implement the criminal justice system, including the National Congress, which passes laws to define what acts are considered criminal in the Penal Code and codifies the criminal procedures for implementing them; three national and multiple state-level police forces to prevent and combat crime and hold alleged perpetrators for prosecution; the judiciary, including 92 courts at the federal and state levels, to interpret the codes, and hear prosecutions and judge perpetrators; and a correctional system to ...
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List Of Murder Laws By Country
This is a list of the laws of murder by country. The legal definition of murder varies by country: the laws of different countries deal differently with matters such as mens rea (how the intention on the part of the alleged murderer must be proved for the offence to amount to murder) and Sentence (law), sentencing. * Murder in Australian law, Australia * Murder in Brazilian law, Brazil * Murder (Canadian law), Canada * Murder in Chinese law, China * Murder in Croatian law, Croatia * Murder in Cuban law, Cuba * Murder in Danish law, Denmark * Murder in English law, England and Wales * Murder in Finnish law, Finland * Murder in French law, France * Murder in German law, Germany * Murder in Georgian law, Georgia * Murder in Hong Kong law, Hong Kong * Murder in Indian law, India * Homicide in Israeli law, Israel * Murder in Italian law, Italy * Murder in Japanese law, Japan * Murder in Dutch law, Netherlands * Murder (offence under the common law of Northern Ireland), Northern Ireland ...
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Psychiatric Institution
A psychiatric hospital, also known as a mental health hospital, a behavioral health hospital, or an asylum is a specialized medical facility that focuses on the treatment of severe mental disorders. These institutions cater to patients with conditions such as schizophrenia, bipolar disorder, major depressive disorder, and eating disorders, among others. Overview Psychiatric hospitals vary considerably in size and classification. Some specialize in short-term or outpatient therapy for low-risk patients, while others provide long-term care for individuals requiring routine assistance or a controlled environment due to their psychiatric condition. Patients may choose voluntary commitment, but those deemed to pose a significant danger to themselves or others may be subject to involuntary commitment and treatment. In general hospitals, psychiatric wards or units serve a similar purpose. Modern psychiatric hospitals have evolved from the older concept of lunatic asylums, shift ...
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Mental Illness
A mental disorder, also referred to as a mental illness, a mental health condition, or a psychiatric disability, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. A mental disorder is also characterized by a clinically significant disturbance in an individual's cognition, emotional regulation, or behavior, often in a social context. Such disturbances may occur as single episodes, may be persistent, or may be relapsing–remitting. There are many different types of mental disorders, with signs and symptoms that vary widely between specific disorders. A mental disorder is one aspect of mental health. The causes of mental disorders are often unclear. Theories incorporate findings from a range of fields. Disorders may be associated with particular regions or functions of the brain. Disorders are usually diagnosed or assessed by a mental health professional, such as a clinical psychologist, psychiatrist, psychiatric ...
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Infanticide
Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose being the prevention of resources being spent on weak or disabled offspring. Unwanted infants were usually abandoned to die of exposure, but in some societies they were deliberately killed. Infanticide is generally illegal, but in some places the practice is tolerated, or the prohibition is not strictly enforced. Most Stone Age human societies routinely practiced infanticide, and estimates of children killed by infanticide in the Mesolithic and Neolithic eras vary from 15 to 50 percent. Infanticide continued to be common in most societies after the historical era began, including ancient Greece, Roman Empire, ancient Rome, the Phoenicians, ancient China, ancient Japan, Pre-Islamic Arabia, early modern Europe, Aboriginal Australians, Aboriginal Australia, Indigenous ...
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Emotion
Emotions are physical and mental states brought on by neurophysiology, neurophysiological changes, variously associated with thoughts, feelings, behavior, behavioral responses, and a degree of pleasure or suffering, displeasure. There is no scientific consensus on a definition. Emotions are often reciprocal determinism, intertwined with mood (psychology), mood, temperament, personality psychology, personality, disposition, or creativity. Research on emotion has increased over the past two decades, with many fields contributing, including psychology, medicine, history, sociology of emotions, computer science and philosophy. The numerous attempts to explain the origin, functional accounts of emotion, function, and other aspects of emotions have fostered intense research on this topic. Theorizing about the evolutionary origin and possible purpose of emotion dates back to Charles Darwin. Current areas of research include the neuroscience of emotion, using tools like positron ...
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Homicide
Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidental, Reckless homicide, reckless, or Negligent homicide, negligent acts even if there is no Intent (law), intent to cause harm. It is separate from suicide. Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human Society, societies; some are considered crimes, while others are permitted or even Court order, ordered by the Law, legal system. Criminality Criminal homicide takes many forms, including accidental killing and murder. Criminal ho ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ...
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Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of torture, Some definitions restrict torture to acts carried out by the state (polity), state, while others include non-state organizations. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners, or during armed conflict, has received disproportionate attention. Judicial corporal punishment and capital punishment are sometimes seen as forms of torture, but this label is internationally controversial. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Beginning in the twentieth century, many torturers have preferred non-scarring or psychological torture, psychological meth ...
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