Node Case of the death of the young Vitória Regina de Sousa the alleged confession of MAICOL ANTONIO SALES DOS SANTOS the main suspect, raises an important legal question: can a confession benefit the defendant? According to police, Maicol admitted the authorship of the murder, detailing the motivation and dynamics of the crime.
The suspect reported a previous involvement with Victoria and claimed that she threatened to expose the case to his current companion. This would have culminated in a discussion, an aggression from Vitória and, finally, the stabbing of the young woman.
Maicol’s defense, however, denies the existence of an official confession. His lawyers argue that any statement attributed to him without the presence of his legal representatives “Offends the relevant procedural legislation and lacks legal validity, being potential cause nullifying the process” .
An extrajudicial confession, without the assistance of a lawyer, might have no probative value, not directly benefiting the accusation. Police, however, claim that the confession was carried out with the presence of a representative consisting of the suspect.
How a confession works
Although not formally accepted in court, confession can lead to new evidence, such as the location of elements and the corroboration with the investigative line. Regardless of the confession itself, such discoveries could strengthen evidence against the accused.
THE CNN He talked to experts to understand how this works.
In a hypothetical scenario of proven guilt, a confession, even late or with caveats, could be seen as indication of remorse or collaboration influencing the dosimetry of the penalty. However, given the negative defense, this possibility seems remote.
Criminal lawyer Rafael Valentini explains that “the confession practically confirms the authorship of the crime, which will certainly influence the judge’s decision […] And on the day of the main judgment, the conclusion of the jurors. ”
He adds that, in case of conviction, the confession “may be used by the judge of the trial to reduce the penalty of the accused.”
Benefits of confession and legal implications
Regarding the benefits of confessing, Valentini clarifies that the decision can be interpreted as an attenuating, which would help to reduce the penalty.
“Confession is an attenuating […] It can be used to reduce the penalty, ”explains Valentini.
The expert explains that the law does not require others involved to be mentioned, with the accused’s confession.
“The confessed author does not need to prove his fault,” he says, and the judge is responsible for evaluating the compatibility of confession with the other evidence.
Amanda Silva Santos, also a criminal lawyer, corroborates this arrangement of the Brazilian judiciary.
“In this case, confession can serve as attenuating in the penalty,” reinforces Amanda.
It emphasizes the importance of spontaneity, credibility and compatibility with investigations, these elements being essential in the arrangement of the defendant.
Impact of the discovery of others involved
The São Paulo Civil Police believe the Vitória case is clarified. In a press conference on Tuesday (18), the delegates of the case stated that Maicol dos Santos acted alone. The conviction is based on Maicol’s testimony to the police. The investigation remains open, since the final report has not yet been presented, besides the complaint that was not formalized before the prosecutor.
The report questioned the impact of a possible discovery, involving the participation of other names in the death of the 17 -year -old.
The criminalist warns that the discovery of others involved, if omitted by the accused, “may decrease the credibility of confession” and may lead to the revocation of benefits.
“Lying in order to harm investigations […] It may have legal consequences to the suspect, ”he adds.
Master and Doctoral student in Criminal Law, Jenifer Moares, diverges in part of the consequences of false information during the confession. It reinforces that confession is valid even partial.
“The defendant does not have to prove what he said, nor to clarify the investigated events,” he replied on the possibility of others involved.
Moares states that “it would not harm” the benefit of the confession, because the defendant “has no obligation to speak the truth.” The expert corroborates the impacts of the measure, as it is “an element that allows the decrease of 1/6 of the defendant’s penalty”
Defense strategy?
Although it is a prerogative that consensually would serve to alleviate the legal consequences about the defendant, confession as a premise of counseling divides opinions.
When asked about this, Valentini considers probable counseling as an instrument of defense, highlighting the lawyer’s role in advising the effects of confession and the risks of the negative of authorship.
Amanda, in turn, states that “it is not a premise,” but “can be considered as a defense strategy.” Moares states that “it depends a lot on the particularities of the case”, but usually, considering that the defense seeks a fair penalty and due process of law.
Understand how young man was killed
The death of 17 -year -old victory Regina is clarified, police said. At a press conference held this morning (18), the investigation team detailed the crime, spoke about the confession of the only suspect arrested so far, as well as giving details of the motivation and dynamics of the murder, which took place in Cajamar, metropolitan region of Sao Paulo.
Below, the CNN Detail everything that was revealed by investigators about the crime:
According to the investigation, Maicol dos Santos is solely responsible for the death of Vitória. There is no evidence, so far, that Maicol has had some kind of help from someone else to be able to kidnap and kill Vitória.
Police also discard, at this time, the participation of other people in the spawning of the young woman’s body, which was left in a forest area in Cajamar.
Police revealed that Maicol was obsessed with victory. He had been on all social networks since last year, as well as he knew exactly the way she made it when she left home.
The investigation rules out that there was any kind of relationship between the two.
The only connection, so far, is that they lived in the same region and knew themselves only from the neighborhood.
Victoria was kidnapped by Maicol at the end of the bus she used on the night of February 26. The young woman came home after a day of work.
His father, who usually went to the scene to pick her up, had problems in his vehicle and could not go.
At this moment, Vitória was approached by Maicol, who offered a ride to the young woman. As they knew each other, she accepted the ride to return home.
Police said Vitória’s death came shortly after entering Maicol’s vehicle. It is not yet clear what happened inside the vehicle, but Vitória reacted to some Maicol approach and debated in the car.
That was when, in the face of the reaction, Maicol took a knife and hit the young woman with blows in the neck region. The blows were fatal, causing the death of victory.
Maicol then plays victory in a forest area in Cajamar. The young woman’s body was only found on March 5, a week after the disappearance
Police said Vitória’s body was at the scene for five to seven days, reinforcing the thesis that she was killed shortly after entering Maicol’s vehicle.
Timeline
This content was originally published in case Vitória: Can confession benefit guilty? Understand on CNN Brazil.
Source: CNN Brasil
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