One woman took another woman hostage on Avenida Paulista, in São Paulo, this Monday morning (9) . The case happened at a bus stop, in front of Faculdade Cásper Líbero.
The action lasted around 45 minutes. The woman holding the other hostage used a knife to threaten her. See the moment the victim was freed .
A military police officer managed to disarm the suspect using a stun gun. The action occurred at a time when the suspect was out of control. After releasing the hostage, the PM took the suspect to the 78th DP (Jardins).
As a case on Av. Paulista it must be framed
Brazilian legislation, in art. 148 Brazilian Penal Code, defines kidnapping and false imprisonment as the deprivation of a person’s freedom, but they present important nuances that differentiate them. THE CNN spoke with Rafael Valentini, a specialist in criminal law, who analyzed the case.
“In principle, this case can be classified as a crime of kidnapping or illegal restraint. In the first, there is the deprivation of the victim’s freedom in a place of wide access and not in confinement, while in the second offense the criminal agent constrains the victim or reduces his capacity to resist, through violence or serious threat, to do or not do something which is not required by law”, he states.
In private prison, the victim has extremely limited freedom of movement, being confined in a small, controlled space. In this scenario, the crime aims to deprive the victim of their freedom, without necessarily seeking a specific objective, such as obtaining a ransom.
Illegal constraint is a crime that consists of any act that, through violence or serious threat, forces someone to do or not do something, against their will. It is characterized when a person is coerced to act in a certain way, under pressure and without having freedom of choice.
In kidnapping, although the victim is deprived of liberty, they may have some mobility in the place where they are being held. The objective of the kidnapping may be ransom, revenge or even for ideological reasons.
According to witnesses, the woman responsible for holding another woman hostage, on Monday morning, spoke against the government, claiming that they had installed “bugs” in her home.
The difference between them
The difference between the crime of kidnapping and false imprisonment is mainly in the conditions of the victim’s deprivation of liberty, says the expert.
“In private prison, freedom of movement occurs within a more limited space, with an exclusive focus on restricting the victim’s freedom to come and go, for a long period. In turn, the crime of kidnapping generally involves the intention of moving or displacing the victim associated with a specific objective”, ponders Valentini.
Criminal legislation provides for a prison sentence of up to three years for the crimes in question. However, this sentence can be increased to up to five years in certain situations. Furthermore, if the victim suffers physical or moral harm as a result of confinement, the maximum penalty can be up to eight years in prison.
This content was originally published in Kidnapping, embarrassment or imprisonment? Understand the hostage case on Avenida Paulista on the CNN Brasil website.
Source: CNN Brasil
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