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The Criminal Chamber of the Court of Justice of the State of Acre upheld the conviction of a woman accused of appropriating assets from an elderly member of her own family, in a case that, according to the judges, involved abuse of trust within the family relationship. When judging the defense’s appeal, the panel understood that the evidence presented was consistent and that the materiality of the crime was demonstrated in the records. The information is from this Thursday (5).
In the decision, the judges highlighted that “the materiality and authorship are proven by official documents, contracts and business records and by coherent and harmonious testimonies”, which narrated the misappropriation of the victim’s assets. The defense had requested the annulment of the process, claiming that the elderly man’s testimony was taken without the presence of the curator.
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The argument, however, was rejected. For the judges, the statement is valid, as the curator was in a situation of possible conflict of interest. As stated in the vote, “the statements made by the elderly victim demonstrated discernment in the act, being valid even in the absence of the curator when she finds herself in an obvious conflict of interest due to being the one being investigated”.
Despite maintaining the conviction for the crime provided for in article 102 of the Elderly Statute, the court decided to reduce the sentence after reevaluating the dosimetry. Based on the application of Precedent 659 of the STJ, the final sentence was set at three years, two months and 12 days in prison.
As she is a primary offender, the woman will serve her sentence in an open regime, with prison being replaced by alternative measures. She must pay a monetary benefit equivalent to three minimum wages and provide services to the community for a period of two years, in an institution that will be defined by the execution court.
In the final decision, the panel concluded that the appeal should only be partially accepted, stating that the “appeal is known and partially granted to modify the sentence”, maintaining, however, criminal liability for the appropriation of the elderly person’s assets.
