Pistolage in the field: the mediate perpetrator in the dock and his punishability in the face of the theory of mastery of the fact

Abstract

The art. 29 of the Penal Code does not differentiate between immediate and mediate perpetrators in an objective manner, leaving it up to criminal law manuals to promote these distinctions and demonstrate how they are configured. And this, in the context of homicide crimes perpetrated through the actions of a principal and an executor, exposes the weaknesses of a criminal system aimed at promoting justice and social pacification. In this sense, the objective was to analyze the criminal law related to indicating the conduct, in the context of the competition of people, of authors (direct and indirect), participants, co-authors and, strictly, to understand whether it is possible to use the domain theory of the fact to create a split between the direct and indirect author regarding the pistol shooting in the field. In this way, bibliographic methodology was used, supported by books and the repressive criminal law. It was found that there were several theories discussing this approach, without, however, resolving the exposed problem. And, added to this, the theory of dominion of fact does not apply to all cases involving the action of a principal and an executor, demonstrating the need to improve the Penal Code.