Consumação e tentativa
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 | 206-206 |
Page 206
O delito do art. 159, CP, é formal, prescindindo da obtenção da vantagem almejada. Consuma-se, portanto, com o sequestro, é dizer, com a privação da liberdade da vítima. O efetivo recebimento da vantagem é considerado exaurimento do crime e importará na fase de fixação da pena-base (consequências do crime - art. 59, CP).
A privação da liberdade deverá ocorrer por tempo hábil a demonstrar o intuito criminoso, mas não precisa ser um lapso demasiadamente longo, o que, inclusive, superadas 24 horas, ensejará a incidência da qualificadora do § 1º.
Trata-se, outrossim, de crime permanente, de modo que sua consumação se protrai no tempo autorizando a prisão em flagrante enquanto durar a supressão da liberdade, conforme norma dos arts. 302, I, e 303 do Código de Processo Penal.
Além disso, a prescrição só é contada a partir do instante em que cessada a permanência, conforme regra do art. 111, III, do Código Penal.
A tentativa é admitida quando o agente, por circunstâncias alheias à sua vontade, não...
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