PCERJ Delegado De Polícia Practice Questions - Concurso PCERJ - Delegado De Polícia (Rio De Janeiro, Brazil) Exam

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An armed suspect corners a victim in an isolated alley with intent to execute them. Having loaded five rounds into a revolver, the suspect fires one shot, wounding the victim in the shoulder. While still holding four live rounds and with no external intervention, third-party presence, or mechanical malfunction, the suspect experiences a spontaneous change of heart, announces 'I will spare your life,' and walks away. Under Article 15 of the Brazilian Penal Code, this conduct constitutes:

Voluntary abandonment (desistência voluntária), making the agent liable only for the acts already performed (bodily injury). Attempted homicide (homicídio tentado), because the execution phase was already initiated. Effective regret (arrependimento eficaz), because the victim survived the encounter. Post-crime regret (arrependimento posterior), which reduces the penalty for intentional homicide by one to two thirds.

Correct Answer:

Voluntary abandonment (desistência voluntária), making the agent liable only for the acts already performed (bodily injury).

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