Morphine will not rid Bolsonaro of guilt, says criminalist – 04/27/2023 – Mônica Bergamo

Morphine will not rid Bolsonaro of guilt, says criminalist – 04/27/2023 – Mônica Bergamo

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Jair Bolsonaro (PL) will not be able to get rid of responsibility for any crimes claiming that he had taken morphine before committing them.

The former president gave testimony to the Federal Police on Wednesday (26) to explain the sharing of a video with attacks on the electoral system two days after 8/1. He is suspected of publicly inciting the commission of crimes.

When explaining the post, Bolsonaro said that he had been hospitalized with intestinal obstruction the day before and that he had taken morphine to treat it.

According to article 28 of the Penal Code, “intoxication, whether voluntary or culpable, by alcohol or a substance with similar effects” does not make the person unaccountable, that is, it does not exclude the possibility of him or her being criminally liable for their actions.

Consulted by the column, the criminalist Pierpaolo Bottini states that “under the Penal Code, the commission of crimes under the effect of medication does not exclude the responsibility of the agent”.

This would only happen if Bolsonaro had ingested a substance whose side effects were unknown. Or if he had taken something involuntarily, which would characterize “act of God or force majeure”.

Bottini cites a “manual example”: that of a worker who inhales leaked gas in a factory and temporarily loses his mental faculties. “This, yes, is a fortuitous case.”

According to the Penal Code, “an agent is exempt who, due to complete intoxication, resulting from a fortuitous event or force majeure, was, at the time of the action and omission, entirely incapable of understanding the illicit character of the fact or of determining himself in accordance with that understanding”.

This would not be the case with the ingestion of morphine, “the effects of which are known to all”.

Morphine works on the brain to relieve pain.

In extreme cases, it can cause respiratory depression, circulatory depression, mental confusion, respiratory arrest, shock and even cardiac arrest.

In his testimony to the PF, Bolsonaro claimed that he was confused when he posted the video attacking the ballot boxes on Facebook.

He stated that he intended to send the material to his own WhatsApp, so that he could see it calmly. But he confused the network’s sharing commands and ended up posting the video on his social network.
Alerted, he deleted the video shortly afterwards.

He also said that he had no intention of disclosing it, and that, if he wanted to do that, he would use all of his social networks, and not just Facebook, his network that has “lesser repercussions”.

with BIANKA VIEIRA, KARINA MATIAS It is MANOELLA SMITH


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