Código Penal Militar Art 242 a 256


CHAPTER II
THEFT AND EXTORTION Simple theft Art. 242. Subtracting someone else’s mobile, to
yourself or others, through employment or threat employing violence against persons, or
after having reduced it in any way the impossibility of resistance: Penalty – imprisonment, from four to fifteen years. § 1 The same penalty applies to those who
to the subtraction of the thing, employs or threatens employ violence against persons in order to
ensure impunity for crime or detention of the thing for yourself or for others. Qualified theft § 2 The penalty increases from one third to
half: I – if the violence or threat is exercised
using a gun; II – if there is a contest by two or more people; III – if the victim is in transport service
of values, and the agent knows that circumstance; IV – if the victim is on a nature service
military; V – if serious injury is intentionally caused; VI – if death results and circumstances
show that the agent did not want this result, nor did it take the risk of producing it. Robbery § 3 If, to practice theft, or to ensure
impunity for crime, or detention of thing, the agent intentionally causes death
someone, the penalty will be imprisonment, fifteen to thirty years, being irrelevant if
the property damage stops being consummated. If there is more than one victim of this violence
to the person, the provisions of art. 79. Simple extortion Art. 243. Obtaining for yourself or for others undue
economic advantage, embarrassing someone, through violence or serious threat: a) to practice or tolerate the practice
damaging your property, or that of a third party; b) omitting an act of interest from its assets,
or third party: Penalty – imprisonment, from four to fifteen years. Qualified forms Paragraph 1. The provisions of
§ 2 of art. 242. § 2 Applies to extortion, practiced through
violence, the provisions of § 3 of art. 242. Extortion through kidnapping Art. 244. Extortion or attempt to extort to
themselves or others, by kidnapping person, undue economic advantage: Penalty – imprisonment, from six to fifteen years. Qualified forms § 1 If the abduction lasts more than twenty
and four hours, or if the kidnapped is less sixteen or over sixty, or
if the crime is committed by more than two people, the penalty is imprisonment for eight to twenty years. § 2 If the kidnapped person, due to
mistreatment or the nature of the kidnapping, serious physical or moral suffering results,
the prison sentence is increased by one third. § 3 If the agent comes to use violence
against the kidnapped person, apply, correspondingly, the provisions of art.
242, § 2, ns. V and VI, and § 3. Blackmail Art. 245. Obtaining or trying to obtain from someone,
for themselves or for others, undue advantage through the threat of revealing
fact, the disclosure of which may damage its reputation or person who is particularly
face: Penalty – imprisonment, from three to ten years. Single paragraph. If the threat is of disclosure
press, broadcasting or television, the penalty is increased. Indirect extortion Art. 246. Obtain from someone, as a guarantee
debt, abusing his pressing need, document that can give rise to procedure
against the debtor or against a third party: Penalty – imprisonment, up to three years. Penalty increase Art. 247. In the crimes provided for in this chapter,
the penalty is aggravated if the violence is against superior, or military service. CHAPTER III
UNBEATABLE APPROPRIATION Simple misappropriation Art. 248. To take possession of something that is movable,
that you have possession or detention: Penalty – imprisonment, up to six years. Penalty aggravation Single paragraph. The penalty is increased if
the value of the thing exceeds twenty times the greatest minimum wage, or if the agent received the
thing: I – in necessary deposit; II – by reason of office, employment or profession. Appropriation of things that happened accidentally Art. 249. To appropriate someone else’s property
come to your power by mistake, fortuitous event or force of nature: Penalty – detention, up to one year. Appropriation of found thing Single paragraph. The same penalty
finds something lost and takes possession of it, totally or partially, failing to refund it
to the owner or legitimate owner, or to hand it over competent authority within the time limit
fifteen days. Art. 250. In the crimes provided for in this chapter,
the provisions of §§ 1 and 2 of the art. 240. CHAPTER IV
OF ESTELIONATO AND OTHER FRAUDS Stardom Art. 251. Obtaining, for yourself or for others, an advantage
illicit, to the detriment of others, inducing or keeping someone in error, by artifice,
ruse or any other fraudulent means: Penalty – imprisonment, from two to seven years. § 1 The same penalties apply to those who: Disposal of someone else’s own thing I – sells, exchanges, gives payment, leases
or as a guarantee, something other than its own; Disposal or fraudulent encumbrance of thing
own II – sells, exchanges, gives in payment or in
guarantee inalienable thing, engraved of liens or litigation, or property that promised
sell to a third party against payment in installments, silencing about any of these circumstances; Pledge defraud III – defrauded, by means of non-disposable
consent by the creditor or otherwise, the pledged guarantee, when you have possession
the committed object; Fraud in the delivery of thing IV – defraud substance, quality or quantity
of thing that delivers to the buyer; Check payment fraud V – defaults the payment in any way
check you issued to someone. § 2 The crimes provided for in paragraphs. I to V of
previous paragraph are considered military only in the cases of art. 9th, nº II, letters
aee. Penalty aggravation § 3 The penalty is increased if the crime is committed
to the detriment of the military administration. Person abuse Art. 252. To abuse, for personal gain or
in the exercise of function, in unity, military division or establishment, the
need, passion or inexperience, or someone else’s illness or mental disability,
inducing him to practice an act that produces legal effect, to its own detriment or
third party, or to the detriment of management military: Penalty – imprisonment, from two to six years. Art. 253. In the crimes provided for in this chapter,
the provisions of §§ 1 and 2 of the art. 240. CHAPTER V
RECEPTION Reception Art. 254. To acquire, receive or conceal in
own or someone else’s benefit, something from crime, or influence that third party,
in good faith, acquire, receive or conceal: Penalty – imprisonment, up to five years. Single paragraph. §§ 1st apply
and 2nd of art. 240. Culpable reception 255. To acquire or receive something that, for
its nature or by the manifest disproportion between value and price, or by condition
who offers it, it must be presumed obtained through criminal means: Penalty – detention, up to one year. Single paragraph. If the agent is primary
and the value of the thing is not more than a tenth minimum wage, the judge can stop
apply the penalty. Punishment of reception Art. 256. Reception is still punishable
that unknown or exempt from penalty the author of the crime from which the thing came.

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