A truck driver was in Greater São Paulo, on Friday night (15). THE Civil Police indicated Viniccius Ribeiro Silveira for acting with excessive defense e dolo eventual after the driver claims that he was reacting to a assault attempt.
The case occurred when Viniccius, driving a truck, maneuvered to the opposite lane, colliding head -on with the motorcycle of Marcelo Alves dos Santos, who died at the scene. The passenger, who was pregnant, was rescued alive. The driver claimed in a statement that he reacted for fear of robbers who pursued him, claiming that he tried to push them away and had no time to avoid shock with the victim.
Despite the allegation of legitimate defensethe investigation pointed to the driver’s liability. According to police, security cameras images show that the truck “enters completely, speeding in the opposite traffic.”
Indictment by eventual intent
Based on the evidence, the police authority concluded that Viniccius, when performing the risky maneuver, assumed the risk to reach innocent third parties, which characterizes the dolo eventual planned not Criminal Code. The indictment was formalized based on the sole paragraph of Article 23, which provides for punishment for the excess willful in the self -defense.
Viniccius Ribeiro Silveira was caught in the act and had the bail request denied. Because it is a willful crime against life, the case may be tried by Juryif it is accepted eventual complaint from the Public Prosecution Service.
The investigation into the attempted theft continues in a separate procedure.