Opinion of Rogério COPETO: "PENAL CODE FOR GEEKS '
There is a Portuguese proverb that says "With serious thing not play". It must be why still no author published a book called "Criminal Code for Scoundrels".
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
A quick search on the internet is easy to see that there are books about everything and anything, directed to "geeks", less about criminal law. So it seems to us that it makes sense to join this publication to the large collection that already exists, that part, for example, "Accounting for Geeks", "Management for Dummies", "English for Geeks", "Mathematics for Geeks" and "Windows for Dummies".
Taking into account the amount of issues that have been the subject of publications and which is addressed to the "geeks", that according to the dictionary are those "demonstrating lack of ability, intelligence or clearance", It follows that the term "geek" applies, in this case, whom not having in-depth knowledge on a given subject, requires a publication, which in simple language, precise and concise, can explain this issue so that any ordinary citizen the notice.
As we all know the law is an area that is not accessible to common citizens, sustained a huge set of diplomas, which may be laws, decrees and ordinances, each with its importance and hierarchy, where also some of these diplomas are constituted as codes.
Some of these codes because of its importance even deserve on the part of lawyers, greater attention, noting them, for best interpretation of its contents, which not infrequently, increase the complexity of the, instead of making easier to perceive, so it is only used, for those who work for the law and not the ordinary citizen.
But what else away the right of the citizen is the language used in diplomas, it is not perceived, not entendível, for those who have no knowledge in this area, and even for those who have the, the interpretations that become Articles, that make up the diplomas, can be the most varied, even opposite, so it's possible, in a given conflict, listen to opposing arguments, even making use of the same legislation, of the same law and the same Article.
The area of law has many branches, It is the branch of the Criminal Law, one of the most complex, and there are two degrees essences, the Penal Code and the Code of Criminal Procedure, which are constituted as the two key codes for those who study criminal law and perform duties in this area, is magistrate, lawyer or police authority.
Of the two codes indicated above, the Criminal Code will be one that is sometimes referred to, is in talks, either through the Media, under even predict a wide range of crimes and respective punishments, which are often presented, either in newspapers, either on television or in conversations among friends, especially those most in indignation cause and therefore, are almost always opening news TV news, as is the case of the homicides.
But the idea of the necessity of the existence of a "Criminal Code for Scoundrels", not born a story about murder, but an article on the threats of crime, I had opportunity to read, of the journalist Pedro Rainho, published in the newspaper I, in editing 12 October and titled "Beware of verbal threats. You can end up in jail".
The article which we found very well written and in plain language, You can explain that what is said, may have consequences criminal, especially when someone else threat, even when the threats are written on social networks, for example.
To this end Article references, I could not be, the Criminal Code, which provides in Article 153, crime threats and Article 155 of the conduct that aggravates.
The article presented several real situations of people who uttered threats against others, and therefore were sentenced, with the concern should be noted that this type of crime is semi-public, requiring that the victim makes a complaint. And if it is considered a public crime, does not require that the victim makes a complaint, with knowledge of the crime, by the Public Ministry, enough to continue with the criminal case, even against the will of the victim, as one of the cases reported in the article.
For the reader to notice the difference between semi-public crime and public crime, which is not easy, even for those who have knowledge in the area, journalist Pedro Rainho, so he felt the need to explain these differences, using a set of questions, that any ordinary citizen would do to a lawyer, It is how did the questions, which I felt was very intelligent and good-natured, managing to clarify the difference between particular crime, semi-public and public, and therefore, then transcribe the column "P&R”, accompanying the article, but only in paper version:
P&R
The Paths of Legislation
The threat is considered a public crime?
By itself, no. Or Penal Code (CP) provides that "criminal proceedings on a complaint". It Inserts, that is why, no grupo dos crimes semipúblicos. However, the article 155 enshrines the "aggravation" of threats, taking into account certain situations (suicide or attempted by threatened), They are promoted to public crime. This comes with the legislative reform 2007.
A crime is considered public because it happens on the street?
Do Not. The judgment of Judge Moura Neto, the Court of Appeal of Porto, He explains that "the severity of the crime is factor that underlies the distinction between public crimes (...), parastatals (...) and particular ". But adds that this is not the only element to consider. "The quality of crime liabilities agent also justifies, in many chaos, to assign public nature of the crime ". This is the case of uttered threats against deputies or police, for example.
The opposite of a public crime is a private crime?
Almost. In addition to public crimes are semi-public and private crimes.
What is the difference?
With regard to his criminal assessment, Public crimes require no complaint by victims. The parastatals require abuse and individuals require, beyond abuse, deducting a private prosecution.
And when it gives up the complaint?
In public crimes that step back does not interfere with the criminal investigation. In other cases, put under the action of prosecutors.
For those who do not realize the difference between public crime, semipúblico e particular, a reading questions and answers transcribed ago, will surely clear, getting what any possibly a Criminal Code Annotated, by a recognized jurist, could not, this should be the guideline, that should follow such "Penal Code for Geeks", We suggest that I do not start this Artigo, and as we are in tidal suggestions, it seems that a "Constitution of the Portuguese Republic for Scoundrels" also is lacking.
If you ever edit these publications, I will surely buy them, the first for use as part of my profession and the second would be to offer.
