Código de Processo Penal – 321 a 350

Código de Processo Penal – 321 a 350

February 23, 2020 1 By Luis Garrison


CHAPTER VI PROVISIONAL FREEDOM, WITH OR WITHOUT GUARANTEE 321. Absent the requirements that authorize
the decree of preventive detention, the judge should grant provisional freedom, imposing,
if applicable, the precautionary measures provided for in art. 319 of this Code and observing the
criteria contained in art. 282 of this Code. (Wording given by Law No. 12,403, of 2011). I – (revoked) (Revoked by Law No. 12,403,
2011). II – (revoked). (Repealed by Law No. 12,403,
2011). Art. 322. The police authority may only
grant bail in cases of infraction whose maximum deprivation of liberty is not
more than 4 (four) years. (Wording given by Law No. 12,403, of 2011). Single paragraph. In other cases, the bail
will be required of the judge, who will 48 (forty-eight) hours. (Wording given
by Law No. 12,403, of 2011). Art. 323. No bail will be granted:
given by Law No. 12,403, of 2011). I – in the crimes of racism; (Wording given
by Law No. 12,403, of 2011). II – in crimes of torture, illicit trafficking
of narcotics and related drugs, terrorism and defined us as heinous crimes; (Essay
given by Law No. 12,403, of 2011). III – in crimes committed by armed groups,
civilian or military, against the constitutional order and the Democratic State; (Wording given by
Law No. 12,403, of 2011). IV – (revoked); (Repealed by Law No. 12,403,
2011). V – (revoked). (Repealed by Law No. 12,403,
2011). Art. 324. Equally, it will not be granted
surety: (Wording given by Law No. 12,403, 2011). I – to those who, in the same process, have broken
bail previously granted or infringed, without just reason, any of the obligations
to which arts. 327 and 328 of this Code; (Wording given by Law No. 12,403,
2011). II – in case of civil or military arrest;
(Wording given by Law No. 12,403, of 2011). III – (revoked); (Repealed by Law No. 12,403,
2011). IV – when present the reasons that authorize
the decree of preventive detention (art. 312). (Wording given by Law No. 12,403,
2011). Art. 325. The amount of the guarantee will be fixed
by the authority granting it in the following limits: (Wording given by Law No. 12,403,
2011). a) (revoked); (Wording given by Law nº
12,403, 2011). b) (revoked); (Wording given by Law nº
12,403, 2011). c) (revoked). (Wording given by Law nº
12,403, 2011). I – from 1 (one) to 100 (one hundred) minimum wages,
in the case of an offense whose private penalty maximum degree of freedom does not exceed
to 4 (four) years; (Included by Law nº 12,403, 2011). II – from 10 (ten) to 200 (two hundred) wages
minimum, when the maximum of the private penalty of combined freedom is greater than 4 (four)
years. (Included by Law No. 12,403, of 2011). § 1 If so recommended the economic situation
of the prisoner, the bail may be: given by Law No. 12,403, of 2011). I – waived, in the form of art. 350 of this
Code; (Wording given by Law No. 12,403, 2011). II – reduced to a maximum of 2/3 (two
thirds); or (Wording given by Law nº 12,403, 2011). III – increased by up to 1,000 (thousand) times.
(Included by Law No. 12,403, of 2011). § 2 (Repealed): (Repealed by Law No. 12,403,
2011). I – (revoked); (Repealed by Law No. 12,403,
2011). II – (revoked); (Repealed by Law No. 12,403,
2011). III – (revoked). (Repealed by Law No. 12,403,
2011). Art. 326. To determine the amount of the bond,
the authority will take into account the nature infringement, personal conditions of
the accused’s fortune and previous life, the circumstances indicative of its dangerousness, as well as
the likely importance of the costs of the process, until final judgment. Art. 327. The term guarantee will oblige
the bailiff to appear before the authority, every time you are summoned for acts
investigation and criminal investigation and for the trial. When the defendant does not appear,
the bail will be considered broken. Art. 328. The bailed defendant may not,
under penalty of breaking the bond, change residence without prior permission from
processing authority, or to be absent for more than 8 (eight) days from your residence,
without communicating to that authority the place where will be found. Art. 329. In criminal courts and police stations
police, there will be a special book, with terms of opening and closing, numbered
and initialed in all its pages by the authority, intended especially for bail terms.
The term will be drawn up by the registrar and signed by the authority and by whom to post bail,
and a certificate will be extracted to join to the records. Single paragraph. The defendant and whoever
bail shall be notified by the registrar obligations and sanctions provided for in
arts. 327 and 328, which will appear in the records. Art. 330. The guarantee, which will always be definitive,
will consist of depositing money, stones, precious objects or metals, debt securities
public, federal, state or municipal, or on a mortgage entered first. § 1 The evaluation of property, or stones,
precious objects or metals will be made immediately by expert appointed by the authority. Paragraph 2. When the guarantee consists of a guarantee
of public debt securities, the value will be determined by its exchange quotation, and,
being nominative, proof will be required that are free of charge. Art. 331. The amount in which the surety consists
will be collected from the tax office federal or state, or delivered to the depositary
public, adding to the case file the respective knowledge. Single paragraph. In places where the deposit
if you can’t do it right away, the value will be delivered to the clerk or paid person, the
criterion of authority, and within three days the destination will be given to the value
signs this article, which will appear in the bail term. Art. 332. In case of arrest in the act,
will be competent to grant bail to authority that presides over the respective self,
and in case of arrest by warrant, the judge that issued it, or the judicial authority
or police officer who has been requested the prison. Art. 333. After the bail has been paid,
will be granted regardless of audience the Public Prosecutor’s Office,
of the process in order to request what to judge convenient. Art. 334. The guarantee may be provided while
not make the sentence condemnable. (Wording given by Law No. 12,403, of 2011). Art. 335. Refusing or delaying authority
police the granting of bail, the prisoner, or someone for him, can provide it, upon
simple petition, before the competent judge, which will decide in 48 (forty-eight) hours.
(Wording given by Law No. 12,403, of 2011). Art. 336. Money or objects given as
bail will serve to pay the costs, the indemnity of the damage, the pecuniary benefit
and a fine if the defendant is convicted. (Essay given by Law No. 12,403, of 2011). Single paragraph. This device will have
application even in the case of prescription after the condemnatory sentence (art. 110
Penal Code). (Wording given by Law No. 12,403, of 2011). Art. 337. If the guarantee is declared void
or pass a final sentence acquitted the accused or declared extinct to
criminal action, the amount to be constituted, updated, will be refunded without discount, except as provided
in the sole paragraph of art. 336 of this Code. (Wording given by Law No. 12,403, of 2011). Art. 338. The surety that is recognized does not
be applicable in the species will be forfeited in any stage of the process. Art. 339. Bail will also be forfeited
when the existence of an offense is recognized unaffordable, in the case of innovation in the classification
of the offense. Art. 340. The reinforcement of the guarantee will be required: I – when the authority takes, by mistake,
insufficient bail; II – when there is material depreciation
or perishing of mortgaged or secured assets, or depreciation of metals or precious stones; III – when the classification is innovated
of the offense. Single paragraph. The bail will have no effect
and the defendant will be taken to prison when, pursuant to this article, is not reinforced. Art. 341. The bail will be deemed broken
when the accused: (Wording given by Law No. 12,403, of 2011). I – regularly summoned to act in the process,
failing to appear, without just reason; (Included by Law No. 12,403, of 2011). II – deliberately practicing obstruction
the progress of the process; (Included by Law No. 12,403, of 2011). III – breach cumulatively imposed precautionary measure
with bail; (Included by Law No. 12,403, 2011). IV – unjustifiably resist the court order;
(Included by Law No. 12,403, of 2011). V – to commit a new intentional criminal offense.
(Included by Law No. 12,403, of 2011). Art. 342. If the judgment is reformed
where the bail was declared broken, this will survive in all its effects Art. 343. Unjustified breach of bail
will result in the loss of half of its value, it is up to the judge to decide on the imposition
other precautionary measures or, if case, the decree of preventive detention.
(Wording given by Law No. 12,403, of 2011). Art. 344. It will be understood that it is lost, in its entirety,
the amount of the bail if, if convicted, the accused fail to report to the start of compliance
of the penalty definitely imposed. (Essay given by Law No. 12,403, of 2011). Art. 345. In the case of loss of bail, your
value, less costs and more charges the accused is obliged to, will be collected
to the penitentiary fund, according to the law. (Wording given by Law No. 12,403, of 2011). Art. 346. In the event of a breach of bail,
deductions provided for in art. 345 of this Code, the remaining amount will be collected
to the penitentiary fund, according to the law. (Wording given by Law No. 12,403, of 2011). 347. The hypothesis of art.
345, the balance will be given to anyone bail, after deducting the
charges to which the defendant is bound. Art. 348. In cases where the surety has
been provided by means of a mortgage, foreclosure will be promoted in the civil court by the
of the Public Ministry. Art. 349. If the bail consists of stones,
precious objects or metals, the judge will determine sale by auctioneer or broker. Art. 350. In the cases in which there is a guarantee,
the judge, checking the economic situation prisoner, you may be granted provisional release,
subjecting him to the obligations set out in arts. 327 and 328 of this Code and other measures
precautionary measures, if applicable. (Wording given by Law No. 12,403, of 2011). Single paragraph. If the beneficiary does not comply,
without just reason, any of the obligations imposed measures, the provisions of this
in § 4 of art. 282 of this Code.