PCMG Delegado De Polícia Practice Questions - Concurso PCMG - Delegado De Polícia Substituto (Minas Gerais, Brazil) Exam

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During an attempted theft, an agent initiates the execution of breaking into a commercial warehouse with specialized tools. However, after picking the first lock and without any external interference or police intervention, the agent voluntarily abandons the enterprise and leaves the scene. Under Article 15 of the Brazilian Penal Code, what legal institute applies?

Desistência voluntária, whereby the agent answers solely for the acts already performed that constitute independent offenses. Arrependimento eficaz, which completely extinguishes all criminal liability including damage already caused. Tentativa impunível, because the iter criminis was interrupted before entering the core of the primary statutory verb. Arrependimento posterior, which grants an obligatory reduction of the penalty by one to two thirds.

Correct Answer:

Desistência voluntária, whereby the agent answers solely for the acts already performed that constitute independent offenses.

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