Under Brazilian law, there is a doctrine that states that a crime is thought of as taking place at the time of its commission, even if the result of the crime came about later. Thus, it is important to ascertain the time at which the crime took place in order to decide which law to apply, especially to determine whether the defendant could have been at the scene of the crime. It is also important in deciding whether a statute of limitation might be at play.
There are three legal theories about the time at which a crime occurs. The first is the idea of activity, meaning the time when the act of the crime actually occurs. This is the definition actually adopted in Brazil’s Criminal Code.
The second is the result theory, meaning that under this theory the crime occurs when the results become real. On the other hand, the third is known as the mixed theory, which considers both factors above. It considers the time when the act occurred and the result click here.
Courts will normally use the first theory when for official purposes, and the other two theories are mostly discussed in academic circles.
Ricardo Tosto earned his LLB degree from McKenzie Presbyterian University in Brazil’s largest city, Sao Paulo. Ricardo Tosto’s love of the law led him to establish a law firm that would grow from a single-room suite to become a standard-bearer in the Brazilian legal field. With offices in Sao Paulo as well as Brasilia and Rio de Janeiro, Ricardo Tosto& Associates takes cases from clients across Brazil and around the world.
Although Ricardo Tosto is passionate about all aspects of the law, he has left his mark on the profession by changing the nature of civil litigation in Brazil. Ricardo Tosto is also an accomplished writer and scholar.