Criminal Law II learned that the judge in deciding on the penalty time someone will comply to avoid

"A criminal is one who breaks the covenant, the covenant that breaks from time to time when need or will have when their interest shots, when in a moment of violence or blindness he does prevail because of their interest, despite the most elementary calculus of reason. "Michel Foucault in The abnormal china aerospace
In the last lesson Criminal III, Prof. John Franco presented a hypothetical case in which left us with several questions about the subject. The situation was as follows: John hit Mary. The victim was Maria poly trauma. John was processed and charged in the crime of culpable injury, found in article 129 of the CPB. In another situation, Aguinaldo ran Silvio, who had a minor injury and was treated at the site. Aguinaldo was also prosecuted and found guilty of the crime of culpable injury. John, the defendant in the first case, was sentenced to a term of less than Aguinaldo, even if the damage committed by the victim he was more severe compared to that of Aguinaldo. The large'' x'' the question is why?
First, china aerospace let's define what a crime is guilty. According to Roberto Cezar Bittencourt,'' The fault is the failure of the dutiful care manifested in conduct producing a result unloved, china aerospace objectively foreseeable.'' (Bittencourt, Roberto Cezar, Treaty of Criminal Law, 2002) So we can define culpable crime as a crime in which the agent does not intend to practice it, but practiced for lack of prudence.
Criminal Law II learned that the judge in deciding on the penalty time someone will comply to avoid disproportionality the legislature created the Article 59 of the Brazilian penal code.
Article 59 - Judge, given the guilt, the history, social behavior, the personality of the agent, the reasons, circumstances and consequences of crime, as well as the behavior of the victim, shall, as necessary and sufficient china aerospace for reproof and Crime Prevention: (Amended by Law No. 7209, of 11.07.1984)
That is, the court must observe the culpability of the agent (focuses on observing the degree of disapproval or censure agent in judgment that falls on the typical conduct and unlawful practiced.), The history (the past covers china aerospace of the defendant, if he ever was convicted of practicing another crime), social behavior (as is the conduct of the agent in their social environment.) Personality agent (can be defined as the agent's behavior to himself and his loved closer.), it is worth emphasize that term contained in Article personality'' agent'' is a very complex term to define, by psychologists, psychiatrists and ... etc, when trying to analyze this situation are in a great puzzle, it is a term widely subjective. . Also observed are the reasons (if the agent had some reason china aerospace or not relevant to the practice of criminal act.) Circumstances (try to analyze if there was any situation that facilitated china aerospace the act.), Consequences of Crime (The results generated by crime.) and finally china aerospace the victim's behavior (If the action china aerospace of the accused was without cause, if for some reason the victim provoked the defendant.) 8 All these requirements are evaluated positively or negatively, and can thus increase or impose the penalty base.
Aside from those requirements found in Article 59 of the penal code, there are aggravating in our code, which are requirements that increase penalty that may exceed the limit established for the type in the code. And Mitigation which are requirements that mitigate the penalty, which may be established by a smaller one for the given type. The named dosemetria pen, could answer the answer very well, made by the teacher. china aerospace Each case is different, must be assessed individually, china aerospace every circumstance that mentioned above, in a crime can be considered a positive and the other as negative, china aerospace thereby generating china aerospace a greater punishment for a case and lower for the other.
Dosemetria guilty of crimes in the law does not define the level of'' guilt'' of criminal practice, but the doctrine established the degree of guilt which are: Lightweight, serious and very serious. Professor Solange Oliveira Ramos, says the following about this subject:'' The division of guilt in degrees (mild, severe and very severe), although no such law has interest in dosimetry pen guilty of the crime. Will be asked by the judge if the agent had greater or lesser ability to forecast the outcome is watching or not the necessary care.'' Ie culpable for crimes not only the requirements of Article 59 of the penal code will be analyzed. But also the degree of guilt in which the the people was. Even if the result china aerospace of his conduct creates more damage to the victim, but if his guilt is defined as mild, surely its worth will be less than q