Comment / Clarification: News of death in young Sinks (Serpa).
News published the Lidador News, dated 13 of September, with the title "Pias / Serpa: loaded gun leaning between cabinets in a garage makes party in nightmare".
Rogério COPETO
Lieutenant Colonel of the GNR
Master in Law and Security and Homeland Security Auditor
Head of the Education Division / Command Doctrine and Training
The present review aims to enlighten readers of LN, about some statements contained in the article title and that motivated this comment / clarification, not wanting, however, calling into question the journalist, which asked me this clarification, or the sources referred to in the same, still safeguarding the immense pain that all players in this unfortunate episode are feeling, and this pain also shared by their families, are the victim, the alleged offender, witnesses and an entire village.
On Tuesday, day 12 of September, we learned through the LN of the article with the title "Pias / Serpa: Youth kills friend 16 years with accidental shooting in the village sinks", the death of a young man 16 year old, caused by a fatal shooting of a firearm, taking the gun been fired by another young 15 years during a birthday party, referring to the article "the incident happened at about 00:25 pm today, during a birthday party, when the young handled a gun, a transformed air pressure, who was unaware be charged, this shot and reached Bernardo ".
This first article little or nothing can be concluded about what happened, knowing however that the "incident" caused a fatality, at the age of 16 years and that the alleged offender will have been a couple of 15 year old, taking instrument used, been a "weapon, processed air pressure", It can thus assume that will be treated in a murder negligently, whose alleged offender is untouchable on grounds of age, for having the age of 15 years and that the firearm used will not be as the No law 5/2006 of 23 Feb., (the Gun), than "establishes the legal framework relating to the manufacture, Assembly, repair, import, export, transfer, storage, circulation, trade, acquisition, transfer, detention, manifesto, look, security, use and carrying of weapons, its components and ammunition, as well as the legal framework of the special crime prevention operations", which by reading the point t) of Article 2, we learn that a ''transformed firearm 'the device, by a mechanical intervention modifier, got features that allow it to function as firearms", and by f) the same article we learn that a ""Air gun" gun driven by air or other compressed gas, pipe with smooth or rifled, intended to launch metal projectile".
The starting point of the above matters now clarify some statements contained in the article entitled "Pias / Serpa: loaded gun leaning between cabinets in a garage makes party in nightmare", where it is stated, among other statements, than "shotgun, to what has been possible to ascertain is the young father belongs, known in the village as the 'Avante', It was an air gun, that after modified was able to carry a 9mm caliber ammunition ... Because it is a public crime, 'Avante' gun owner, risks being accused of manslaughter by negligence, prohibited weapon possession and processing of prohibited weapon ".
Were the above claims, they deserved from us a reflection, and that motivated this comment / clarification, without wishing to call into question the journalist or his sources, because mislead readers LN, by which impose the following comments, but without resorting to an overly legal language, so as to be understandable by most readers:
1º – The alleged perpetrator of the death of young 16 years is another young 15 year old, and not the owner of the gun, which happens to be its parent;
2º – The alleged offender is untouchable on grounds of age (under the age of 16 year old) and so it can not be applied to the punishment provided for the crime of murder, in negligently, assuming that this is the crime framed within the specific situation;
3º – The alleged offender, to be untouchable applies you the Educational Guardianship Law, for establishing "the practice, a lower aged between 12 and 16 year old, in fact qualified by law as a crime gives rise to the application of educational tutelary measure in accordance with the provisions of this law", may be you just applied one of the following educational measures: "– The admonition; – The deprivation of the right to drive mopeds or get permission to drive scooters; – Reparation to the victim; – The realization of economic benefits or community please tasks; – The imposition of rules of conduct; – The imposition of obligations; – The frequency of training programs; – The educational support; – The admission in the educational center";
4º – About the owner of the gun, it is assumed that the same practices the crime provided for in paragraph c) Article 86 of the Weapons Act (weapon detention prohibited), firearm detention transformed or modified, They can be punished with imprisonment of up to 5 years or a fine of up to 600 days, notwithstanding it can be applied other sanctions for the practice of reason other criminal offenses and / or administrative offense;
for these reasons, it appears that the statement included in the said Article is not correct, can not the owner of the gun being accused of murdering assumption, even in the case of a public crime, as it is said in the statement, but they may be accused of prohibited weapon detention crime, knowing yourself however it can also be charged by the same transformation, because news is not removed which processing is performed by the same owner, causing surprise however that the transformation is a compressed air gun, a fire-caliber weapon 9 mm, It is the usual transformations of air guns in fire arms .22 (5,5 mm).
