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Crime de execução livre

07:56 May 28, 2020
This question was closed without grading. Reason: Other

Portuguese to English translations [PRO]
Law/Patents - Law (general) / Court Sentence
Portuguese term or phrase: Crime de execução livre
'O tipo legal caracteriza-se, assim, como um crime de execução livre e de resultado.'

I found the following explanation on line:
'Crime de execução livre é aquele que admite variadas formas para a prática da conduta típica, como o homicídio, cometido por golpes de faca, disparo de arma de fogo, envenenamento, esganadura etc.'

Does anyone know the proper term for this in English?

Thanks in advance for your help!
Tania Pires
Portugal
Local time: 18:36


Summary of answers provided
4A general(-)intent crime (as a deliberate choate offence)
Adrian MM.


Discussion entries: 2





  

Answers


53 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
A general(-)intent crime (as a deliberate choate offence)


Explanation:
I take Mark R's discussion entry points, but surmise that the Portuguese concept would - loosely in Anglo-Am. criminal law - be looked at and classifiable from the mens rea - intent angle and not from that of the actus reus - namely of the completed or 'consummated' result as a *choate offence*.

'Additional examples of general intent crimes include:

Assault;
Battery;
Rape;
*Manslaughter* (USA: also referred to as Second Degree Murder);
Arson; and
DUIs.


Additional examples of specific intent crimes are:

Burglary;
Child Molestation;
Conspiracy;
False Pretenses;
Forgery;
Embezzlement;
Solicitation;
Theft (also called Larceny);
Robbery; and
Murder (most jurisdictions call this First Degree or Premeditated Murder).'




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Note added at 4 heures (2020-05-28 12:17:22 GMT)
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You haven't given anyone else a chance to answer. There are highly competent Portuguese and Brazilian lawyers on this ProZ lingo combination, plus I'm still leaving mine for future ref., even if unfairly and precipitately derailed.

Example sentence(s):
  • What are Specific Intent Crimes? Specific Intent refers to your state of mind at the time of the commission of the crime. Specific intent requires not only doing an unlawful act, but the doing of it with an additional subjective intent or objective.
  • A general intent crime only requires that you intend to perform the act. That is, you don’t need any additional intention or purpose. For example, assault is usually a general intent crime. You only need to intend your actions, not any particular result

    Reference: http://www.legalmatch.com/law-library/article/specific-and-g...
    Reference: http://www.quora.com/What-is-meant-by-complete-criminal-law-...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 111
Notes to answerer
Asker: Thank you so much for your explanation, Adrian! However, I don't feel right using a term without being sure that it's the right one, so I'm going to close this question and explain the term instead (it's the right thing to do since both systems are different). But thank you for taking your time to reply.


Peer comments on this answer (and responses from the answerer)
neutral  Mark Robertson: Hi Adrian, the point is that the legal definition of the crime does not comprise its modus operandi. It's not about specific intent.
23 mins
  -> Pls. spell out the legal system of the definition - English or Portuguese, plus I do not refer to the answer as being one of 'speciifc intent'. It is of general intent that arguably is on all fours with the source-term, rather than a fuzzy match.
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