The concept of the scene of the crime in Brazilian law is somewhat complex. Brazilian law functions under a doctrine of modified territoriality, meaning that only Brazilian law is applied on Brazilian soil, and Brazilian law applies exclusively in Brazilian territory. There are several exceptions, which is where the term modified comes in.
There are three theories about the nature of the scene of the crime. The first theory is the most commonly applied one, which is the theory of activity. Wherever the criminal act was committed is the scene of the crime, whether it was a physical act or an act of omission click here.
The second theory is the result theory. According to the result theory, what matters is not where the criminal act took place, but where the result of the act occurred. This is the theory that would apply in the famous thought experiment about the man in England who shoots another man across the English channel in France. He could also be tried in either country based on either the first theory or the second, respectively.
The final theory is the mixed theory, which is also known as the theory of ubiquity, which treats both the action and the result as scenes of the crime. While the first theory is commonly applied, the theory of result is also sometimes used, especially in the form of applying the mixed theory.
Ricardo Tosto is a distinguished attorney practicing dispute resolution, civil litigation, financial, and electoral law in Sao Paulo. In fact, Ricardo Tosto is the lead partner of Ricardo Tosto & Associates, one of Sao Paulo’s most sought-after law firms.
A graduate of McKenzie Presbyterian University Law School, Ricardo Tosto is an avid scholar, having written a number of papers and books on history and law. Ricardo Tosto is also a member of several international bar organizations.