Causa de diminuição de pena - delação premiada (§ 4o)
Autor | Octahydes Ballan Junior |
Ocupação do Autor | Promotor de Justiça no Estado do Tocantins. Coordenador do Centro de Apoio Operacional Criminal (2012/2014). Bacharel em Direito pela Faculdade de Direito de Franca |
Páginas | 214-214 |
Page 214
Por fim, o § 4º contempla a hipótese de delação premiada, que aqui possui natureza jurídica de causa de diminuição de pena, de 1 a 2/3 (um a dois terços).
Para fazer jus ao benefício devem estar presentes os seguintes requisitos: a) crime de extorsão mediante sequestro; b) prática do delito em concurso de pessoas; c) que o concorrente noticie o fato à autoridade; d) que em razão dessa notícia seja facilitada a libertação do sequestrado.
Não poderá ser concedido o benefício se a vítima não for libertada com vida, embora o agente tenha auxiliado o trabalho policial. A delação, aqui, não terá sido eficaz.
Atente-se, também, que, diversamente de outras hipóteses legais de delação premiada, não se exige no § 4º do art. 159, C...
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Furto, Roubo e Extorsão
- Extorsão Mediante Sequestro
- Art. 159 do Código Penal
- Objeto jurídico
- Objeto material
- Elemento objetivo
- Elemento subjetivo
- Sujeito ativo
- Sujeito passivo
- Consumação e tentativa
- Qualificadoras (§§ 1o, 2o e 3o)
- Causa de diminuição de pena - delação premiada (§ 4o)
- Ação penal
- Questões diversas
- Distinções
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