Criminal Procedural Law

Course Fraga
Prof º. Fraga
Doctrine:
1) 2) 3) 4) 5) 6) 7) 8) Code Reviewed By - Celso Delmanto General Part of Crimin
al Law Doctrine - Damasio de Jesus or Fernando Fragoso Summary of Criminal Law a
nd General and Special - Prof. Fraga Prescription Criminal Damasio de Jesus Inte
rpreted Code of Criminal Procedure - Criminal Procedure Mirabete - Paulo Rangel
Manual of Criminal Law - Fernando Tourinho Penal Code, Criminal Procedure Code a
nd Special Laws - Marcellus Dolostri Lime and Angelica Glioche - Editora Lumen J
uris.
Prof. PITY HEITOR JUNIOR - THE BANK
Police investigation
1) Concept: is an administrative procedure that has for purpose to gather proof
of the materiality of the crime and sufficient evidence of authorship for the MP
to provide the complaint or complainant to the complaint. Article 43, III CP. N
ote: Due to this concept, we say that the IP is not required to offer the MP den
ounces provided they have in their hands informative pieces of the existence of
the crime and sufficient evidence of authorship, in which case, the MP provide t
he complaint in within 15 days - Article 39, § 5 CPP. Conditions for Penal Actio
n: Plaintiff's Complaint; Evidence of the crime and sufficient indication of
authorship; When there is no evidence, introducing to the IP. The IP is not req
uired for the offer of the complaint. If there is evidence, the prosecutor may o
ffer the complaint. Note: Therefore, the MP may not offer the complaint without
such evidence, otherwise the judge lest the judge rejected the legal brief (art.
43, III CPP - 2nd part), for lack of conditions for the exercise of criminal ac
tion (lack of evidence). This being received, the defense must implore HC, requi
ring the closing of criminal action for lack of just cause because of lack of ev
idence pre-spoken (art 648, I CPP). Article 5 CPP - Unconditioned Article 5, § 4
CPP - Conditional Article 5, § 5 CPP - Private
2) Start IP
a) Legal (art. 5, I CPP) - in this case the police authority will only initiate
the IP, without request of the interested party, so only the crimes of public cr
iminal action. Note: Since the crimes of criminal action Public Conditioned repr
esentation or private initiative, the police authority will only initiate the in
vestigation upon the manifestation of the interested party, as required by § 4 (
representation) and § 5 (application) of art. 5 CPP. Page 1
Criminal Procedural Law
Course Fraga
Prof º. Fraga
Crimes against Sexual Freedom: Private Criminal Action. Public is conditioned to
representation when the victim and her parents are inapt. It is unconditioned p
ublic, when the violence part of parent, guardian or custodian. b) By Request (s
end, order), the judge or MP (art. 5, II CPP). Also in this case the judge may e
x officio or MP, requesting the introduction of IP, to the police, only for crim
inal prosecution private unconditional, and in other cases it is necessary to re
present the victim in public or conditional claim in a criminal action private.
c) By Request, or News Crime (Notitia criminal), the offended party or his legal
representative (the last part of art. 5, II CPP (public criminal action) and §
3 of article 5 of CPP (criminal private) ).
Noticia crime - Concept: is the initial application of IP in which the victim
will notify police or MP the existence of the crime of public criminal action or
private. NOTE: Since this is the crime of public criminal action, the victim's
lawyer should offer news Crime. Already in the crimes of private criminal action
, the victim's lawyer should offer the Complaint Crime (rule), except for a dete
rmination of fact which should provide Noticia Crime (exception). • Real injuria
= public criminal action = Criminal = Notitia for calculation of fact (exceptio
n).
Difference between Crime News and Crime Complaint • The News is the initial requ
est to the IP, whose application is the introduction of IP addressed to MP or po
lice authority or the Judge. • Have a Complaint Crime is a writ of Private Crimi
nal Action, whose application is the conviction or the pronunciation of wranglin
g, the judge only as directed. • Art 394 CPP - the news crime "requires" the est
ablishment of the IP, is a prerequisite. The criminal complaint is a prerequisit
e for prosecution. d) by Representation of the Offended or their Legal Represent
ative: § 4 art. 5 CPP. Concept: the initial application of IP crimes in a crimin
al proceeding Publica Conditional representation, as required by § 4 of Art. 5 C
PP. It has to have representation from the victim. NOTE: Since this is the crime
of criminal action Publica Conditional representation, or the victim's lawyer c
an provide the representation.€Example: Peter was a victim of the crime of actua
l injury (unconditioned public suit), which originates from the fact is John As
a lawyer of the victim indicate below the option page 2
Criminal Litigation correct: a) Crime Complaint b) Representation c) News Crime
d) Condemns Crime e) N. R. A.
Course Fraga
Prof º. Fraga
Note: Fact of prosecution publishes accompanied by evidence of the crime and the
sufficiency of evidence of authorship, the victim's lawyer should offer the New
s Crime, for the MP, requiring an offer of the termination, if the other requisi
te to understanding the installation Survey. IMPORTANT NOTES: The crime of Crimi
nal Action for Public Representation Conditioner: art. 24 CPP 1) bodily injury L
ite (art. 88 of Law 9099/95). 2) Bodily Injury fault (art. 88 of Law 9099/95). 3
) Bodily Injury culpable coming from car accident (§ unique art. 291 - Brazilian
Traffic Code - Law 9503). 4) Crimes against the honor of public officials by fu
nction - (§ Single, Part 2 of art. 145 CP) 5) Crime Threat (§ unique art. 147 CP
).
3) Time to complete the IP
a) 10 days - in the case of the convicted defendant, beginning to flow from the
day of the arrest of the defendant or indicted, not admitting in any way an exte
nsion of this deadline, otherwise it would be relaxed to the arrest of the defen
dant because the excess term in the conclusion of the investigation. (Rule of th
e count of proof of criminal law) • The rule counts of criminal law contains wit
hin itself the first day is excluded and the last day. • The Criminal Procedural
Law, ruling out the 1st day and computes the final may be extended. • Defendant
loose rule of counting the Criminal Procedural Law. NOTE: The police authority
in the case of convicted defendant should apply the rule of Count-term criminal
law, since the days of prison is computed, and therefore we are facing a deadlin
e of Criminal Law, established in article 10 CP. Rule of evidence count of crimi
nal law computes the 1st day and exclude the latter, not being permitted to exte
nd the deadline (art. 10 CP). b) 30 days - defendant released - in the case of d
efendant released, applying the rule of counting the term of Criminal Procedure,
assuming therefore its extension. • Rule of the term count of Criminal Procedur
e - excluding the 1st day and the last computase, assuming the suspension or ext
ension of time (art. 798, § 1 • page 3
Criminal Procedural Law and 3 CPP)
Course Fraga
Prof º. Fraga
4) The characteristics of IP
a) Inquisitorial - does not admit the principle Contradictory b) secrecy c) Writ
ten
5) Filing of IP
NOTE: The authority to file the investigation is just the judge at the request o
f MP (docket 524 STF) and Article 28 CPP. Precedent 524 STF Read five times the
art. 28 CPP NJ What the judge's decision that ordered the closing of the IP? Res
p.: Filed for lack of evidence (Article 18 CPP). a) res judicata Formal - Filed
by the presumption. b) res judicata (art. 107 CP) - terminated either by prescri
ption or extinctive cause of criminality. It Criminal Action Review or HC after
the transit in judged of sentence. Resp.: The res judicata can not be changed in
the records of the original action, but the Criminal Revision or HC, as only in
favor of the Defendant, because there's Review Criminal Society, so only in fav
or of the Defendant. Thus the defendant has two criminal cases in its favor: R
eview Criminal - Criminal Action Private exclusive of the defendant, since the M
P is not entitled to propose it, so only the Condemned or their relatives after
death the defendant. HC - is not a criminal proceeding, Private of the defenda
nt, why the MP or criminal action in favor of the Defendant precaution, anyone o
f the people entitled to propose it or filed it, so only the convicted person or
his relatives after death defendant. (The sponsor and any
the people can).
Note: Finally. The defendant also has two private resources: a) Protest for New
Jury - Art 607 CPP b) embargo Infrigente and Nullity - art. 609, § single CPP.
Division of Criminal Actions - art. 100 CP Public (rule)
• • Unconditioned (rule) - art. 24, Part 1 Conditional CPP (exception) Represe
ntation of Offended - art. 24, Part 2 CPP Request the Minister of Justice - ar
t. 24, Part 2 CPP Private (exception) page 4
Criminal Procedural Law • • • Exclusive very personal Subsidiary Public
Course Fraga
Prof º. Fraga
Criminal Action Public Representation of Conditional Offended or their Legal Rep
resentative
1) 2) 3) 4) 5) Nature of Legal Representation Term Representation Representation
Disclaimer Disclaimer Disclaimer Crimes of the Criminal Action Conditioned Publ
ic Representation
1.€Natures Legal Representation - have two positions: 1.1. 1st Position - is a c
ondition for the MP procedibilidade offer the complaint for criminal prosecution
Conditioned Public Representation, as required by Part 2 of art. PPC 24. Articl
e 43, III, last part of CPP.
Article 43. The complaint or claim will be rejected if: III - it is obvious the
illegitimacy of the missing part or condition required by law to pursue the pros
ecution.
Otherwise should reject. Note: Due to this concept of representation, the MP may
not offer the complaint without representation, as required by art. 24, Part 2
CPP, otherwise the judge dismiss the complaint for lack of conditions required b
y law to pursue the criminal case - art. 43, III, Part 2 CPP. Otherwise the defe
nse will petition for Habeas Corpus aiming to lock the prosecution for lack of j
ust cause for the defendant to answer it, because of the lack of representation.
- Art. 648, I CPP. 1.2. 2nd Position - is a cause of criminality extinguish whe
n the representation is carried out after the legal deadline (six months or thre
e months dealing with crime press release), as stipulated in art. CPP 38 and Art
icle 107, IV CP. The legal and Decadencial. Note: So the victim can not provide
the representation after the time appointed, otherwise, the MP require the filin
g of the representation due to the decay of the right of representation. Otherwi
se the judge shall dismiss the complaint on grounds that the question of crimina
lity or extinguish if the MP will provide termination, the judge should dismiss
the complaint - art. 43, II CPP. However, received the complaint, the defendant'
s attorney filed a Habeas Corpus because extinctive of punishment, aiming to loc
k the prosecution for lack of just cause, because of the Decay of the right of r
epresentation - Art. 648, I or VII CPP. 2. Deadline for Offer Representation: A)
Six months beginning to flow from the day the victim or his representative page
5
Criminal Procedural Law
Course Fraga
Prof º. Fraga
Legal took note of the fact of authorship, applying in this case, calculating th
e time of the criminal law, because the days of knowledge of the authorship of t
he fact is computed (article 38 CPP). NOTE: Rule Count Deadline Criminal Law - c
omputes the first day is excluded and the last day. B) three months, because it
is a crime of the press (libel, slander and libel), beginning to flow from the p
ublication or broadcast of the event (art. 41, § 1 of Law 5250/67) and applies a
lso to count within the Criminal Law. NOTE: The legal nature of the Term of Repr
esentation or Complaint is Decadencial, not admitting in any event the extension
or suspension or interruption of the term, therefore, the words "prescribe" con
tained in § 1 of art 41 of Law will move to " had gone off. " To provide represe
ntation or criminal complaint requires greater age. Note: When the legal represe
ntative of the victim under 18 years not exercising their right to complain of r
epresentation in this case we have two doctrinal positions. 1st position: The vi
ctim less, having completed 18 years may exercise the right to claim or represen
tation, since this right is not available to the victim (minor), so the time to
offer a representation or complaint can not flow on the lower (doctrinal positio
n in favor of the victim). The period in this case will begin to flow from the d
ay the less complete 18 years (major). 2nd place: The victim (minor) to complete
the 18 years may not exercise the right of complaint or representation, since t
he term is one for the victim (victim) or to his legal representative, contribut
ing therefore well decayed (decay) the right or claim to represent the victim is
under 18 years (doctrinal position in favor of the defendant). Note: The legal
representative may be the father, mother, brother or spouse if married. Article
31 CPP.
.
3. Disclaimer of Representation: MP take place before the offer of the complaint
. Article 25 CPP 4. Disclaimer of Disclaimer: There is nothing less that new rep
resentation occurring within a period of representation - representation from si
x months B - Representation Disclaimer - Archive - Start a Petition of the Discl
aimer Disclaimer. 5. Crimes Criminal action Conditioned Public Representation: 1
) Take Bodily Injury (Article 88 Law 9099/95) 2) Bodily Injury fault (Art. 88 La
w 9099/95) 3) Bodily Injury culpable coming from car accident. (Art. 303 § CTB a
s one of article 297 Code of Transito Brasileiro) Page 6
Criminal Procedural Law
Course Fraga
Prof º. Fraga
4) The crime against the honor of public employees by function.€(2nd part of one
of Art.145 § CP) 5) Crime Threat (Art.147 § single CP) 6) Crime of Violation of
correspondence (art. 151 and following CP) 7) Breach of Professional Secrecy (a
rt. 154 et seq) 8) Theft of Common Things (art. 156, § 1 CP) 9) The crime agains
t property without violence or serious threat to the person (theft, appropriatio
n in debt, embezzlement, fraud and other fencing) when the author this crime is:
a) Ex-spouse, legally separated from the other former spouse (art. 182, I CP) N
ote: Ex-spouse divorced public criminal action. b) Brother against Brother (art.
182 CP II). c) uncle against nephew, nephew against uncle living under one roof
(Art. 182, III CP) Note: Living in separate house public criminal action. Examp
le: Pedro subtracted his uncle's car round in 2006, as counsel for the victim ti
ck the correct option: A) Crime Complaint B) Crime News (public criminal action)
C) Representation D) Termination
10) Crimes against sexual freedom (Rape, indecent assault, possession
sex through fraud, sexual assault through fraud, sexual harassment and corruptio
n of minors) - When the victim is poor or their parents. (Art. 225, § 2 CP)
Note: These are promoted through the Crime Complaint, however, are promoted thro
ugh the public criminal action. Art 213 and 216 CP Example: A 12-year-old was th
e victim of the crime of rape committed by an acquaintance of 18 years of age. T
ick the correct option: A) Crime of Rape / Crime Complaint B) Crime of Rape / Ne
ws Crime in view of the victim is under 14 years. C) Crime of Rape / Representat
ion D) NRA Note 1) If the answer is representation, it is necessary that the vic
tim is poor. 2) To which the answer is "Crime News, it is necessary that the aut
hor is the father, guardian or trustee. page 7
Criminal Procedural Law

Course Fraga
Prof º. Fraga
Public Criminal Action Conditional Request to the Ministry of Justice
- Request a legal nature - is a condition of federal MP procedibilidade to provi
de the complaint in the crimes of criminal action Conditioned Public representat
ion. (Art. 24, part 2 CPP). Note: These crimes are: slander, libel, slander, aga
inst the honor of the president or head of a foreign government (part 1 of artic
le one of § 145 PC). There is no deadline for the Ministry of Justice provides t
he request. exclusive private criminal action - the initial application of thi
s action is the complaint offered by the victim or his legal representative - ar
t. 30 and 31 CPP. Example crime against honor - art. The terms of the CP 145 cri
minal complaint in this private prosecution. Are the same representation (art. 3
8, CPP, art. 41 § 1 of law 5250/67 - crime press release), applying including Co
unt Deadline Criminal Law. NOTE: The legal and decadencial. • Crimes of a crimin
al action Exclusive Private) Crime against Honour - part 1 of article 145. CP un
less: a) it is against employee by function - affect representation. b) When the
victim is the president or head of a foreign government - Public Conditional Re
quest to the Minister of Justice. c) When it comes to real injury - Public Uncon
ditioned - art. 145, part 2 CP. Note: Injury Real - are insulting words accompan
ied by physical or moral (art. 140, § 2 CP). If physical aggression occur in agg
ravated, the agent responds by competition for the crimes of material injury and
serious personal injury. Slander - is that false, defined as crime. Eg: When yo
u talk specific facts that made that third set crime. The smearing occurs orally
. Turns writing slanderous denunciation, giving rise to prosecution say that som
eone stole particular object. Read case law on the subject of arts. 138 - 339 an
d slander - slanderous denunciation. Defamation: false given the fact that crime
does not configure. Eg: Faggot why you're kissing with another on the corner In
jury - Article 139 CP - are isolated words. Eg: Gay
2) Section 139 - defame someone, imputing to it the fact offensive to its reputa
tion:
•
Harm crimes, namely: (art. 167 CP)
a) Simple Damage - art. 163 CP
b) Damage Qualified - normative selfish or substantial injury to the victim -
art. 163, § single IV CP.
page
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Criminal Procedural Law
Course Fraga
Prof º. Fraga
c) initiate or maintain the animal in foreign property without owner's consent,
causing him damage - art. 164 CP. Remarks: 1) The others are of public criminal
action. 2) The crime of corruption is punishable as occurring only in the way in
tentionally wrongful conduct is atypical due to lack of standard€in view of the
art. 18, § single PC, accepts punishment as culpable as provided by law. 3) The
crimes are culpably negligent homicide, negligent injury, embezzlement and recei
ving stolen negligent manslaughter. These crimes do not tolerate attempts, howev
er coauthorship. 3) Crime Fire - Obs danger is a crime, the harm caused by fire
to the building located next to other properties of others or causing injury to
life or physical integrity of persons, in this case the agent liable for the cri
me of arson, because hazard to other property or the life or physical integrity
of persons. Competition Matters, or several actions different results. Article 2
50 CP Note: the crime of corruption is only punishable as intentional, occurring
as culpable, the conduct is atypical due to lack of standard. Article 18, § sin
gle CP Note: Crimes involuntary: • Manslaughter; • Bodily Injury culpable; • Rec
eiving culpable; • Embezzlement wrongful others are intentional. CP 47 Art Conte
st Formal - a single action several of the outcome 4) Fraud in Execution - art.
179, § single CP. 5) crimes against sexual freedom - art. 213-216 CP 218 and CP
- rule as art. CP 225, unless: Rape
Article 213 - a woman to have carnal, by violence or serious threat:
Indecent assault
Art 214
Sexual possession through fraud
Article 215
Indecent exposure through fraud Article 216 Sexual harassment page 9
Criminal Procedure Law Article 216-A under Article 218 of Corruption
Course Fraga
Prof º. Fraga
a) The victim is poor or their parents are poor - the Conditional Public Represe
ntation. (Art. 225, § 2 CP). b) When the author of this crime are the parent, cu
stodian, guardian or stepfather - Public Unconditioned (art. 225, § 1, CP II). c
) When the crime of rape or indecent assault, place the victim's death or seriou
s bodily injury - public criminal action - art. 223 CP. Remarks: 1) In the crime
of rape or indecent assault occurs tender agent, co-authors (if more than one p
erson executes the crime or is present in the execution of the crime) or partici
pation (participate - it is not present at the execution site, only contributed
to a survey, information, payments, inducements, financing). 2) The crime of rap
e or indecent assault to defend the continuing offense occurs (art. 71 CP), and
ever tender material when two accused has carnal intercourse with the victim, a
safe for another carnal knowledge and maintaining vice versa, through a competit
ive people. (Art. 226, CP I) 3) When the woman holds the man the victim to keep
conjunction, the woman and the man involved will answer for the crime of rape as
aggravated by competition for people. Article 213 combined with article 226, I
all of the CP. 4) The taxpayer's sex crime through fraud is the woman may be hon
est or not, and should take place to carnal intercourse by fraud. Article 215 CP
. 5) The person subject to the crime of indecent exposure by fraud, can be both
a man and a woman. The 12-year-old remained carnal conjunction with B 18 by frau
d, by promising the victim a doll Bardi. What is the legal position of B crimina
l? a) crime of rape - because of alleged violence. b) indecent assault through f
raud c) and corruption of minors) NR A 6) Arbitrary Exercise for the very reason
s people without Violence - art. CP 345 Comments: Action violence with the Publi
c Unconditioned
Criminal action Private highly personal - the initial application of this action
is the complaint
crime, as offered by the contractor only fooled, in crime of solicitation to err
or page 10
Criminal Procedural Law
Course Fraga
Prof º. Fraga
essentially blind and unable to attend. Deadline to deliver the complaint is of
six months beginning to flow to give birth to the date of res judicata ruling an
nulling the marriage (art. 236, § single PC).
Action Sentencing of Public Private Subsidiary - occurs when the PM leaves
offer denounces the statutory period (five days or 15 days defendant arrested de
fendant released) as determined by art. 29 CPP. The initial application of this
action is the criminal complaint, offered within six months or three months in c
ase of crime of the press, beginning to flow from the day that the deadline runs
out of MP to provide complaint (art. 38 last part CPP ). INVESTIGATION polical
- art. 157 CP
Section 157 - Subtract movable others, for themselves or others, against serious
threats or violence to person or, after having elicited it by any means, reduce
d to the impossibility of resistance:
Offers Crime Complaint - Article 29 CPP
Article 29. Private action shall be allowed for crimes against public order, if
this is not brought within the statutory period, while the prosecutor added the
complaint,€divorce her complaint and offer a replacement, to intervene in all te
rms of the process, provide evidence, appeal, and at all times in case of neglig
ence of plaintiff, the action to resume the main part.
Receipt of Complaint Crime - art. 394 CPP
Article 394. The judge receives the complaint or the complaint, designate days a
nd hours for questioning, ordering the defendant's summons and notifying the pub
lic prosecutor and, if, the plaintiff or the wizard.
Interrogation - art. 185 CPP
Article 185. The accused, who are arrested or appear spontaneously or under subp
oena before a judicial authority in the course of criminal proceedings, will be
qualified and questioned.
Defense Preview - art. CPP 315 Period of 3 days - List of Witnesses
Article 315. The order or decree denying probation will always be substantiated.
5349 of 03.11.1967) (Writing by Law No.
Summary Charge - art. 401 CPP
Article 401. The prosecution witnesses will be heard within twenty (20) days if
the defendant is arrested, and 40 (forty) days when released.
Summary of Defense - Art 396 c / c art. 401 CPP
Article 396. Presented or not the defense will carry the examination of witnesse
s, and the accusation to be heard first. Article 401. The prosecution witnesses
will be heard within twenty (20) days if the defendant is arrested, and 40 (fort
y) days when released.
Diligence - art. 499 CPP within 24 hours
Article 499. After the examination of witnesses, parties - first the prosecutor
or the complainant, within 24 (twenty four) hours, and then, without interruptio
n, within that same period, the defendant or defendants - may require the steps,
which need originates or convenience of circumstances or facts found in educati
on, rising just concluded and the case file to the judge aware of what has been
requested by the parties.
Final Claims - art. 500 CPP
Deadline 03 days
Article 500. Those periods had expired, without application of any party, or com
plete the steps required and ordered, will open a view of the case, claims for,
successively, by three (03) days: I - the prosecutor or the complainant; II - th
e wizard if it is established; III - the defender of the defendant.
Page 11
Criminal Procedural Law
Course Fraga 1 Accuser 2nd Appellate Defense - art. CPP 593 Deadline 05 days
Prof º. Fraga
Article 593. Be appealed within five (5) days:
Judgement of the Appellate
Dismissal of Appeals Unanimously Votes - Deadline 15 days Special Appeal - art.
105, III, CRFB/88. Negative for Provision of Appeal or Appeal in the Strict Sens
e by absolute majority of votes. Deadline 10 days. And reverse or annul Article
105 - It is the Superior Court of Justice: Nullity - art. 609, § single CPP.
III - judge, on special appeal, cases decided in a sole or last instance, the Fe
deral Regional Courts or by the courts of the States, the Federal District and T
erritories, when the contested decision: a) contrary to a treaty or federal law,
 or deny effectiveness thereof; Article 609. Appeals, appeals and embargoes will
be judged by the Courts of Justice, chambers or criminal groups, according to t
he competence established under the laws on judicial organization. (Writing by L
aw No. 1720-B, 03/11/1952) Sole Paragraph. While it is not unanimous appellate r
uling unfavorable to the defendant admit to reverse or annul and void, which may
be opposed within 10 (ten) days from the publication of above, in the form of a
rt. 613. If the disagreement is only partial, the embargoes will be restricted t
o the subject matter of disagreement. (Paragraph added by Law No. 1720-B, 11/03/
1952)
Legal Nature of Interrogation defense or evidence. To have a special appeal
to matters of law and must be pre-questionable Resources Two Private Rooms for
Defendant: • reverse or annul; • New Protest by Jury. The Defense Prior is ap
propriate after the interrogation. Forgiveness court will only occur in public
criminal action. Decadence, perempção, accept forgiveness, renunciation - onl
y occur in private criminal action Perempção - art. 60, I CPP - when the plainti
ff fails to comply with a procedural act within 30 days - Abandonment Process. T
erminates on criminality. Deadline of final arguments - 3 days. Only occurred in
Criminal Actions Private Exclusive and very personal. Remarks: 1) Does not appl
y to criminal action perempção in Public Private Subsidiary, as the MP returns o
wnership of the criminal action by reason of negligence of the plaintiff (art. 2
9, last part CPP). 2) So the question is perempção extinctive of criminality so
only in private criminal action solely or very personal (art.€60, I CPP). 3) The
Criminal Public Action: The initial application of this action is the complaint
offered by MP - art. The CPP 24 Public or Private Criminal Action begins with t
he receipt of the complaint or grievance - Art 394 CPP page 12
Criminal Procedural Law
Course Fraga
Prof º. Fraga
Remarks: 1) This decision must be substantiated, under penalty of nullity, since
the whole court art. 88 CRFB/88 requires sufficient justification. Article 93,
IX CRFB/88. 2) The judge is not receiving the complaint or the complaint may be
appealed in the strict sense (art. 581, I CPP), except for criminal jurisdiction
of the Special Criminal Court that the appeal is appropriate Appeals within 10
days (art. 82 Law 9099/95), also fits the crimes Appellate Press art. 44 Law 525
0/67. 3) Legal Nature of the Complaint) order (rule) b) Procedure, since the app
licant's complaint is the pronunciation of the defendant in willful crimes again
st life. (Crimes of the Court Jurisdiction of the Jury). 1st Phase Sumariante -
to show whether the defendant acted intentionally. Final, the promoter promotes
libel damning. In Round 1, the promoter offers the complaint and asks the pronun
ciation that leads to the judge, prosecution, dismissal, acquittal, sentence dec
ommissioning; articles 408, 409, 410 and 411 CPP. The decision disregards the de
sclassificatória felony for manslaughter or preterdoloso art. CPP 410. Summary a
cquittal - if the defendant commit the crime by one of the excluding illegal act
ivity or if it is supported. Inimputável - is the decision on the merits is res
judicata does art. 74, II CPP. ?????????? Dismissal - where lack of written evid
ence or proof of materiality - does not res judicata. Article 574, CPP I and II
- The judge uses his own sentence to pronounce = Resource Office or mandatory =
Summary of acquittal also occurs when a judge grants office. ............. and a
lso when granting .......... defendant's ???????? Having judged the traffic in t
he MP offers Accusatory Libero. Request that the council decides sentence for th
e acquittal or conviction for declassification, arts 386, 387 CPP. What is the L
egal Nature of Pronunciation - interlocutory decision not mixed terminative What
is the legal nature of the dismissal - is a decision without a trial on the mer
its that ends the process. Legal Nature of the Crime Complaint) damning b) Proce
dure - Once the applicant's complaint is the pronunciation of the defendant in c
riminal action in the Public Private Subsidiary of willful crimes against life.
Page 13
Criminal Procedural Law
Course Fraga
Prof º. Fraga
PRINCIPLES OF CRIMINAL ACTION
1) Convenience or Opportunity 1) Requirement 2) availability 2) Unavailability 3
) Indivisibility 3) Indivisibility 4) Responsible Personnel Criminal or 4) Crimi
nal Personnel Officer or Intranscedência - criminal action is merely the Intrans
cedência - criminal action is just the person accused his family of the accused
person for your family 5) of the officers - so the only public criminal action
Principles of Criminal Procedure
1) 2) 3) 4) 5) 6) The Real Truth; of procedural equality of parties; Identity Ph
ysics judge, the adversarial, legal defense, due process.
The causes extinct Punishment of Private Criminal Action. 1) Decay, 2) Perempção
3) Forgiveness Accepted, 4) Waiver of Right of Action NOTE: Accepted Forgivenes
s is also extended to the other, unless it disagrees with forgiveness. Article 5
1 CPP. Note: Waiver of Right to Complain extends to other disputes due to the Pr
inciple of Individuality - art. 49 CPP
Prison:
1) Prison for Pena (Final) - will occur with the force of res judicata of convic
tion, also called Prison Definitive. 2) Prison without charge or procedural or p
rotective or provisional (it stuck by a process without charge) - can be modifie
d at any time as follows: a. Flagrant in prison (Articles 301 and following CPP)
Legal nature - Preventive Action Penal Procedural in nature and may be modified
before the force of res judicata of conviction. - Flagrant Required - who has t
he duty to arrest in flagrante - police or their agents (art. 301, part 2 CPP) -
Flagrant Optional - who may hold in flagrante - anyone the people, judge or pro
secutor. - The requirements authorizers from prison in the act, ie the circumsta
nces flagranciais authorized arrest in flagrante namely: Own Flagrant or Real
(art. 302, I and II CPP), where the agent is page 14
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practicing the crime or just practice in which case appear in the APF - blatant
self imprisonment in this circumstance,€on pain of invalidity of the prison in o
rder that the defendant was not in a state of striking, it should be very relaxe
d. Inappropriate or Blatant Blatant Almost (art. 302, III CPP), when arriving
at the site of fact, soon after, goes in pursuit of the defendant being found, h
ours or days later, give him under arrest, plowing the APF and should include th
e fact flagrancial who was the defendant, under penalty of imprisonment be relax
ed because of the reason indicated. Assumed Flagrant or Ficta (art. 302, IV CP
P), when soon after to leave the site of the fact the defendant is found with th
e murder weapon or object of the victim, gives voice to prison, assuming he is t
he author of the fact, and must appear in the APF this condition, otherwise the
reasons given. The Candid shots Valid: - Own or Real - Improper or Almost Blatan
t - Blatant Presumed or Ficta - Flagrant Expected The Candid shots not valid - R
eady - Summary 145 STF) - the police - Provoked - at this particular - Forged.
b.
Preventive Detention - Art 311 and 312 CPP
Legal Nature - is a precautionary arrest of a procedural nature.
Authoritative requirements of probation - art. 312 CPP
a) Guarantee of Public Order or Economy b) For Convenience of Criminal Investiga
tion; c) To ensure enforcement of criminal law.
Note: 1) Already the evidence of the crime and sufficient evidence of authorship
, are not elements
authorizers of probation, but "complementary". 2) The detention may be ordered i
n the course of "police inquiry" or Criminal Procedure, to request a) prosecutor
- MP b) Plaintiff's private prosecution; c) by representing the police authorit
y Page 15
Criminal Procedural Law
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c. Temporary Prison - Law 7960/89 Article 1 Law 7960/89
Art 1 - It will be temporary detention:
Prison Term for Temporary
a) 5 days, renewed for another five days, not heinous crime. b) 30 days renewabl
e for another 30 days, heinous crime. Note: The Legal Nature of Temporary Detent
ion is protective of a procedural nature. Therefore, the court may draw the temp
orary detention of precautionary or preventive or procedural, and to establish t
he term of prison. Difference between the Preventive Detention and Temporary: Te
mporary Prison - could be enacted only as headquarters police (verification pr
ocess of investigation, police investigation.) Preventive imprisonment may be
imposed on the police inquiry or criminal investigation. Soon the judge may not
grant custody in place of VPI, there may also enact temporary detention Question
: Paul, after his judicial interrogation, the judge ordered his arrest caution.
As counsel for Defendant tick the correct option: a) Revocation of probation, b)
Withdrawal of temporary detention, c) A and B are correct d) Relaxation in pris
on. Note: For the judge to detain or temporary should base its decision, under p
ain of absolute nullity, here's the reasoning is essential to the validity of an
y court order - art. 93, IX CRFB/88 and art. 115 CPP. Prison under indictment -
art. 408, § 1 CPP - occurs when the judge decide the case the Defendant existing
authorizers a requirement of probation, the judge may declare this prison. Prov
isional freedom (through) - is an institute of criminal procedure that guarantee
s the defendant to answer the process free up the transit in judged of sentence.
But the parole is an institute of criminal procedure that guarantees for inmate
s to fulfill the remainder of their sentence in freedom, convicted, the penalty
of not less than two years (no less right), provided you have completed: parole
(under arrest by penalty) => free to meet the 16 page
Criminal Procedural Law
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Prof º. Fraga
remainder of sentence to freedom) More than one third of the sentence, King reci
divist and non-felony offender for good or bad record (art. 83, I CP).
b) More than half in the case of defendant in a recidivist felony (Art. 83, II
CP).
.
c) More than 2 / 3 convicted in hate crime (art. 83, V CP).
NOTE: The heinous crime does not allow the progression of the system because the
defendant must serve his sentence in closed regime, obtaining parole when compl
eted more than two thirds of his sentence.
Remarks: 1) Defendant in relapsing heinous crime, shall not be entitled to Deliv
erance
Conditional. 2) Defendant sentenced to less than two years, in recidivist felony
is not entitled to parole, but the progression of the scheme or amnesty. 3) Rel
apsed, when the Defendant practicing new crime of res judicata after the first c
rime - (Art. 63 CP). Important Notices: Read Court of art.€63 CP Read art. C
P 77 - probation (probation) Read art. 89 Law 9099/95 - conditional suspension
of proceedings 1) Defendant arrested by imprisonment in the act, the process to
respond in freedom will require: A) Mandatory parole (art. 310 combined with ar
ticle 34 CPP), B) Provisional Freedom bound (art. 310 § single CPP), C) Relaxati
on of Prison (art. 5, CRFB/88 LXV) 2) The convicted defendant through the arrest
process to respond should request revocation released from custody - art. CPP 3
16 bail Mandatory - if the defendant committed the crime of unlawful exclusionar
y by the (self-defense, this necessary, regular exercise of law or strict compli
ance with legal obligations - Art. 23 CP), and the judge granted the freedom, an
d In order that the judge may not grant custody of the Defendant who committed a
lso by the fact of illegal exclusionary - (art. 310 combined with art. 314 CPP).
Note: The Delegate may fining the defendant in the act and appear on an APF (Au
tos Prison in Flagrante) the exclusion of unlawfulness that was the culprit (cap
ut page 17
Criminal Procedural Law
Course Fraga
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art. 310 CPP) or sets in the IP (Police Investigations) and indicates the defend
ant, under penalty of practicing the Crime of Malfeasance (art. 319 CPP).
Provisional Freedom Bound - when checking in inocorrência of the APF
authorizers probation requirements (guarantee of public order or economic, for c
onvenience of the criminal investigation or to ensure the application of crimina
l law, as determined by art. § 310 CPP only and should demonstrate the absence o
f such requirements through the criminal records, evidence of work and residence
. This requirement is called the Subjective Accused (subjective requirements). N
OTE: Defendant is arrested for blatant felony, the arrest was legal and did not
commit the crime by excluding illegality defense should apply for bail bound, sh
owing the absence of the requirements of probation. NOTE: The bail for the Crimi
nal Procedure Code itself is not the right of the defendant, but a college judge
d in view of the term "may" contained in the caption art. 310 CPP. Since for doc
trine and the Court bail is a subjective right of the defendant to a procedural
nature.
Provisional liberty on bail - all crimes
are bailable arrest when the minimum sentence of restraint applied to the crime
is equal to or less than two years' imprisonment (art. 323, I CPP). NOTE: To enj
oy bail the defendant will not be in felony recidivist. (Art. 323, III CPC) Rela
xation Prison - will occur when the arrest is illegal.
Revocation of probation - occurs when there is no reason for the
custody, as required by art. 316 CPP.
Criminal Resources:
Action in the strict sense (article 58 CPP); Embargoes Declaration (art. 382
and 619 CPP); Appellate (593 CPP); Protest for New Jury (art. 607 CPP), and
reverse or annul Nullity (art. 609, § single CPP); Habeas Corpus Appeal in
Ordinary (art. 105, II, "a" CRFB/88); Testimony Charter (art. 639 CPP) Note: R
ead the article. 581 and 593, CPP II - after answering question 7 of questionnai
re. Page 18
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Page 19