Intentional homicide may be further qualified (qualificado) by any of the following circumstances: In these cases, penalty varies from twelve to thirty years.
Penalties for intentional murder may be reduced by the judge by one sixth to one third, if it was committed for reason of relevant social or moral motivation, or under violent emotion, caused by unjust provocation of the victim.
Penalties for unintentional homicide can be not applied, at the judge's criterion, if the consequences of the crime affect the agent so strongly that the penal sanction reveals unnecessary.
Infanticide, defined as the killing of a newborn, during birth or immediately after by its own mother, under the influence of puerperal state, constitutes a different crime, punished under article 123.
Minors of 18 are criminally inimputable (and are dealt with according to the Estatuto da Criança e do Adolescente, instead of the Penal Code) (article 27).