Applicability of the criminal organization act in military crimes

Abstract

The expression military crimes are conducted within the art. 9º of the Military Penal Code (CPM), combined with the special part of the same code. Unlike common crime, military crimes, to be committed, go beyond the criminalization type of conduct, necessary if the conduct is adapted to art. 9th CPM. Thus, conduct framed as a crime of a military nature can perfectly be introduced in Law 12.850 / 13 - Criminal Organization Act – because the latter legislation applies to all criminal offenses, including the military as well. With this increase in military conduct to the level of criminal organization, there is also an increase in the performance of those in charge of Military Police Inquiries, who exercise the function of Military Judicial Police authority, gathering more elements to obtain evidence.