Multitudinary Crimes in the Scope of the Collective Criminal Process

Abstract

Multitudinary crimes are those committed by several people, however, without a subjective link. Such crimes are committed in collective turmoil. For this reason, considering the principle of individualization of the penalty, in the procedural phase, it becomes relevant to verify the need (or not) to identify the participation of each agent during the commission of the crime in order to establish the criminal responsibility of each one since the initial accusation, in compliance with the constitutional principles of culpability and the personality of the penalty. The absence of factual elements, collected in the investigation, may not allow the identification of the conduct of each agent in the commission of the crime. Therefore, it is necessary to analyze if the concept of collective criminal procedure can be applied in the scope of multitudinary crimes in order to relativize the content of the initial, described in article41, of the Code of Criminal Procedure, to the point of describing the facts in a generic way, that is, refraining from individualizing the conduct of each agent. Therefore, the hypothetical-deductive method will be used in relation to the doctrinal source. It is expected that the results of the research can contribute, in the procedural sphere, with grounds for criminal proceedings in multitudinary crimes.