News summary
- Bruno De Luca witnessed Kayky Brito being run over but did not help his friend.
- The presenter told the police that he only found out the day after the accident that the victim was Kayky.
- Pictures show another witness speaking to De Luca shortly after the collision.
- If a lie is proven in the statement, the actor can be accused of making a false statement.
Bruno De Luca arrives at the police station to make a statement. Reproduction / Record TV
Presenter Bruno De Luca can be charged with making a false statement if a possible lie is proven in his statement to police, but he cannot be punished for failing to support actor Kayky Brito, according to defense lawyers consulted in the report. R7.
Images obtained from Domingo Espetacular, from Record TVlast Sunday (10), reveal that De Luca did not help the artist (and friend) in the collision on an avenue in Barra da Tijuca, west of Rio. In the recording, he puts his hands on his head and crosses the avenue toward his car, but at no point does he approach the scene of the accident.
“Although Bruno De Luca may have seen Kayky being run over, the victim was already helped and people immediately called the relevant authorities. “So since other people are already helping the victim, it cannot be assumed that he failed to provide assistance,” says lawyer Larissa Oliveira, a specialist in criminal law and criminology.
Bruno De Luca was scared and put his hands on his head as he witnessed Kayky Brito being driven across Reduction/Record TV
In a statement at the 16th DP (Police Station) last week, the presenter said that he came to know that his friend was a victim of the collision only a day after the accident. He denied consuming alcohol or any type of drugs, but said he could not remember how he got home.
According to the investigations of the R7, the police are considering calling him to testify again because of contradictions. The suspicion is that the actor and presenter lied at some point in the previous report.
“The police can make him give a new statement. And if this contradicts the first and his false statement is confirmed, a procedure will be initiated to make him respond to Article 342.” [do código penal]. The punishment [para o crime] is two to four years. These are relatively low penalties that do not lead to preventive detention. “So if there is an arrest in the act, the judge or the police chief himself must offer bail, since it is a crime that can be released on bail,” emphasizes Jacqueline do Prado Valles, criminal lawyer and master in criminal law the PUCSP.
• Share this news on WhatsApp
• Share this news on Telegram
The law cited by the lawyer states that it is a crime “to make a false statement or to deny or remain silent as a witness, expert, accountant, translator or interpreter in any judicial or administrative proceeding, police investigation or arbitration bring to”. Court.” The punishment is three to four years in prison and a fine.
However, the Criminal Code states that preventive detention is only permitted for premeditated crimes, where the person commits the crime intentionally or assumes the risk of doing so, with a prison sentence of more than four years. Otherwise, a prison sentence cannot be ordered, “except in the case of a conviction for another intentional crime, in a final and unappealable judgment.”
“Considering that [Bruno De Luca] He’s a major offender, he doesn’t reoffend or anything like that, it’s very difficult for him to be remanded in custody. Or even in future belief. In this case, the punishment does not lead to an arrest, neither in the semiopen regime nor in the closed regime… So it would be an open regime, a signature in the forum, something like that,” explains lawyer Larissa Oliveira.