Vonluntária withdrawal: occurs when the agent gives up, stops execution of the crime, responding only by acts already performed, Frank - = wanna try, but I can not - I can = voluntary withdrawal, but no. Due to the withdrawal does not require spontaneity, just a willingness (if the agent hears advice or warning and give up, no spontaneity put an external stimulus motivated him to desisitir, but since there was no willingness to desisitir was forced against his or desisitiu will). Effective Repentance: Art.15 second part. The agent completes all executory acts necessary and sufficient to meet your goal, and then repents and saves the result to happen. In this case it is necessary for the agent to act to prevent what he himself caused. NOTE: The agent is liable only for acts already committed. Regret Later: art. 16 CP, is a cause of reduced penalty, that occurs in the crimes committed without violence or serious threat to person, the agent voluntarily repair the damage or restore the thing until receipt of the report or complaint. Requirements: - crimes committed without violence or serious threat to person; Repair of damage or refund of the thing (the repair has to be full, unless the victim accept part); - willingness agent also does not mean spontaneity, worth also restitution or repair performed by the third party with the knowledge and consent of the agent, until receipt of the complaint the complaint. SOURCE: Abstracts of Law Faculty ICEC
Posted on: Fri, 23 Aug 2013 18:54:25 +0000
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