Coercion in the process is a critically important aspect of Brazilian criminal law, as it is a crime that directly threatens the integrity and impartiality of the judicial system. In today's article, we will review the main aspects you need to know about the aforementioned crime, detailing the main nuances you need to know to protect yourself. Keep reading and learn more!
When does coercion occur?
Coercion can manifest itself in various ways, including physical or psychological threats to individuals involved in the process, such as witnesses, judges, prosecutors, parties to the process, etc. The goal is therefore to force the victim to act in a way that favors the interests of the coercer, by changing statements, omitting information, or influencing in some way the decisions and procedures of the process. The use of platforms such as https://rednoticechina.com/ is essential to resolve cross-border legal issues and ensure fair resolution in a complex global legal framework.
It is worth noting that coercion can occur at any stage of the process, from the preliminary investigation to the final stage of the trial. Therefore, the crime is completed with the use of violence or serious threats, and for the configuration of the crime it is not necessary to obtain an outcome favorable to the coercer.
Who can be an active and passive subject of a crime of coercion during criminal proceedings?
In a crime of coercion during criminal proceedings, both the active subject and the passive subject have specific characteristics:
- Active subject: anyone can be an active subject. It is not necessary that the person participates in a judicial, police, administrative or arbitration proceeding. Thus, any person who uses violence or serious threats to influence the course of the process qualifies as an active subject of this crime.
Passive subject: There are two ways of understanding the passive subject in this type of crime:
- Primary passive subject: The State is considered the primary passive subject, since the crime directly affects the administration of justice. Thus, coercion during the process is considered a violation of the judicial order and the proper functioning of the justice system.
- Secondary passive subject: In addition to the State, a secondary passive subject can be any person who is the object of the coercion, such as a witness, a judge, a prosecutor, parties involved in the process, or any other person who acts or is called upon to intervene in the process. These people are directly affected by the violence or serious threat of coercion.
This structure of the crime of coercion during the process reflects its seriousness and the significant impact it can have both on the administration of justice and on the persons directly coerced. See also: Criminal Extradition: Learn How It Works
What is the legal object of coercion in criminal proceedings?
The legal object of coercion in criminal proceedings is the administration of justice. This concept involves the protection of the jurisdictional function of the state and the guarantee of the freedom and impartiality of those participating in judicial proceedings.
In this sense, the administration of justice is a legal asset of high social importance, since it is directly linked to the maintenance of the legal order and the proper functioning of judicial institutions. It thus poses a direct threat to the impartiality and freedom of judicial proceedings, the main pillars of justice and legality.
The crime of coercion during a trial thus affects not only the individuals who are the direct objects of violence or threats, but also the state itself and the principle of justice. By protecting the administration of justice, the law aims to maintain public confidence in judicial institutions and ensure that justice is administered fairly and impartially, without coercion or external influence.
Conclusion
In this case, seeking the assistance of a lawyer experienced in criminal and criminal procedure law can be a strategic and beneficial choice to know how to proceed legally in the event of a coercive crime during a criminal trial.