OAB Bar Exam (Exame de Ordem), First Phase · Criminal Law and Procedure

Criminal Law

72 practice questions, each with the answer and an explanation.

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Random questions from this topic, one at a time. You see the answer and the explanation straight after each one.

All 72 questions

  1. In the tripartite concept of crime, a crime is an act that is...
  2. Which of these is a ground excluding unlawfulness under Article 23 of the Penal Code?
  3. From what age is a person criminally liable under Article 27 of the Penal Code?
  4. Which of these is a modality of culpa (negligent fault) under Article 18, II of the Penal Code?
  5. A driver speeds through a crowded square thinking 'I will manage to avoid anyone', sincerely trusts his skill, and kills a pedestrian. Which mental state is the best classification?
  6. How is an attempted crime punished under Article 14, sole paragraph of the Penal Code?
  7. While committing a robbery, the agent voluntarily stops before finishing, though he could have continued. What is the effect under Article 15 of the Penal Code?
  8. A thief voluntarily returns the stolen item before the complaint is received, in a crime committed without violence or grave threat. Which institute applies?
  9. Which initial regime applies to a non-recidivist sentenced to six years of reclusão under Article 33, §2, b?
  10. What is the maximum sentence for which suspension of the sentence (sursis, Article 77) is allowed in the ordinary case?
  11. What is the penalty range for simple homicide under Article 121, caput?
  12. What is the penalty range for qualified homicide under Article 121, §2 of the Penal Code?
  13. What distinguishes robbery (roubo, Article 157) from theft (furto, Article 155)?
  14. With one action, an agent commits two crimes without autonomous designs. Which rule applies under Article 70 of the Penal Code?
  15. When is a person considered a repeat offender (reincidência) under Article 63 of the Penal Code?
  16. In the abstract limitation period of Article 109, how long is the term when the maximum penalty exceeds twelve years?
  17. What is the general rule for criminal prosecution under Article 100 of the Penal Code?
  18. What is the term for the victim to file a complaint (queixa) or representation under Article 103 of the Penal Code?
  19. Which crimes does the jury (Tribunal do Júri) judge under Article 5, XXXVIII of the Constitution?
  20. How many jurors form the Council of Sentence in a jury trial under Article 447 of the Criminal Procedure Code?
  21. What treatment does Article 5, XLIII give to heinous crimes, torture, drug trafficking and terrorism?
  22. A crime carries a maximum penalty of two years. How is it classified and where is it heard?
  23. What is 'omissão de socorro' (Article 135)?
  24. In the tripartite theory, what are the elements of a crime?
  25. What is 'crime impossível' (Article 17)?
  26. Which of these crimes is included in the Law of Heinous Crimes (Law 8.072/1990)?
  27. A first-time offender (not a repeat offender) is sentenced to 12 years of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  28. A first-time offender (not a repeat offender) is sentenced to 15 years of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  29. A first-time offender (not a repeat offender) is sentenced to 6 years and 8 months of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  30. A first-time offender (not a repeat offender) is sentenced to 3 years and 6 months of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  31. A first-time offender (not a repeat offender) is sentenced to 8 years and 1 month of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  32. What is the result of 'legítima defesa' (self-defence) when the requirements of Article 25 are present?
  33. A first-time offender (not a repeat offender) is sentenced to 9 years of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  34. In which regime may a non-repeat offender convicted to 3 years of imprisonment start serving the sentence?
  35. A first-time offender (not a repeat offender) is sentenced to 5 years of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  36. What is the penalty for simple homicide in the Penal Code?
  37. A first-time offender (not a repeat offender) is sentenced to 4 years of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  38. For a consummated crime the sentence would be 15 years. The crime was only attempted, and the attempt came far from completion (the largest reduction) (Article 14 of the Penal Code). What is the sente…
  39. What is the penalty for qualified homicide?
  40. For a consummated crime the sentence would be 9 years. The crime was only attempted, and the attempt came far from completion (the largest reduction) (Article 14 of the Penal Code). What is the senten…
  41. What does 'desistência voluntária' mean?
  42. A person commits continuing crimes (crime continuado) and the single penalty would be 24 years. If the judge applies the smallest increase under Article 71, what is the final penalty?
  43. What is 'crime continuado' (Article 71)?
  44. A person commits continuing crimes (crime continuado) and the single penalty would be 18 years. If the judge applies the smallest increase under Article 71, what is the final penalty?
  45. For a consummated crime the sentence would be 15 years. The crime was only attempted, and the attempt came close to completion (the smallest reduction) (Article 14 of the Penal Code). What is the sent…
  46. At what age does criminal responsibility begin in Brazil?
  47. What distinguishes robbery (roubo) from theft (furto)?
  48. Which principle states that there is no crime without a previous law that defines it?
  49. What is 'estelionato' (Article 171)?
  50. In which regime must a convicted person who is not a repeat offender start serving a sentence of 6 years of imprisonment?
  51. A first-time offender (not a repeat offender) is sentenced to 2 years of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  52. A first-time offender (not a repeat offender) is sentenced to 4 years and 6 months of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  53. Which crime consists of imputing to someone, falsely, a fact defined as a crime?
  54. What is the penalty for simple theft (furto) under Article 155?
  55. What are the three forms of 'culpa' (negligence) in the Penal Code?
  56. In which regime must a sentence of 10 years of reclusão start?
  57. Which of these is NOT a cause that excludes unlawfulness under Article 23 of the Penal Code?
  58. What is the reduction in the penalty for an attempted crime?
  59. Which crime consists of offending someone's dignity or decorum?
  60. What is the maximum time a person can serve in prison in Brazil, according to the Penal Code?
  61. A first-time offender (not a repeat offender) is sentenced to 3 years of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  62. A first-time offender (not a repeat offender) is sentenced to 8 years of reclusão. In which regime may the sentence start, under Article 33 of the Penal Code?
  63. For a consummated crime the sentence would be 6 years. The crime was only attempted, and the attempt came far from completion (the largest reduction) (Article 14 of the Penal Code). What is the senten…
  64. What is 'concurso formal' of crimes?
  65. A person commits continuing crimes (crime continuado) and the single penalty would be 6 years. If the judge applies the smallest increase under Article 71, what is the final penalty?
  66. What is the penalty for simple robbery under Article 157?
  67. For a consummated crime the sentence would be 18 years. The crime was only attempted, and the attempt came close to completion (the smallest reduction) (Article 14 of the Penal Code). What is the sent…
  68. A person commits continuing crimes (crime continuado) and the single penalty would be 12 years. If the judge applies the smallest increase under Article 71, what is the final penalty?
  69. For a consummated crime the sentence would be 12 years. The crime was only attempted, and the attempt came far from completion (the largest reduction) (Article 14 of the Penal Code). What is the sente…
  70. For a consummated crime the sentence would be 12 years. The crime was only attempted, and the attempt came close to completion (the smallest reduction) (Article 14 of the Penal Code). What is the sent…
  71. What is 'arrependimento posterior' (Article 16)?
  72. For a consummated crime the sentence would be 9 years. The crime was only attempted, and the attempt came close to completion (the smallest reduction) (Article 14 of the Penal Code). What is the sente…

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