With one action, an agent commits two crimes without autonomous designs. Which rule applies under Article 70 of the Penal Code?

Answer and explanation

Correct answer: D. Formal concurrence: most serious penalty plus one sixth to one half

  1. Step 1: One action with several results is a formal concurrence of crimes. Step 2. Article 70 applies the most serious penalty, increased by one sixth up to one half. Answer: Formal concurrence: most serious penalty plus one sixth to one half. Why not the others: addition is material concurrence for several actions, and continued crime requires several similar actions.

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With one action, an… | OAB Bar Exam (Exame de Ordem), First Phase