Código de Processo Penal Art 374 a 390


Art. 374. There will be no appeal against the order
or the part of the sentence that decrees or denies the provisional application of interdictions
rights, but these can be replaced or revoked: I – if applied in the course of criminal investigation,
during this or by the sentences to which refer to nodes. II, III and IV of the previous article; II – if applied in the pronunciation sentence,
by the decision which, as an appeal, to be confirmed, totally or partially, or by the condemnatory sentence
appealable; III – if applied in the decision referred to
paragraph III of the previous article, by the sentence appealable sentence. Art. 375. The order that provisionally applies
replace or revoke right interdiction, will be substantiated. Art. 376. The decision to initiate or absolve
the defendant will stop the provisional application the previously determined ban. Art. 377. The sentence is final and unappealable
condemnatory, only the interdictions applied therein or which
the imposition of the principal penalty. Art. 378. The provisional application of a measure
security shall comply with the provisions of previous ones, with the following modifications: I – the judge may apply, provisionally,
security measure, ex officio, or upon request the Public Ministry; II – the application may be determined
still in the course of the investigation, through representation police authority; III – the provisional application of a measure
security, replacement or revocation previously applied can be determined,
also, in the absolutory sentence; IV – the measure has been decreed, the
Title V of Book IV, with respect to applicable. Art. 379. The sentence being res judicata,
will be observed, regarding the execution of the measures security measures definitely applied, the
Title V of Book IV. Art. 380. The provisional application of a measure
security will prevent the granting of bail, and will render the previously granted void. TITLE XII OF THE SENTENCE Art. 381. The sentence will contain: I – the names of the parties or, when not possible,
the necessary indications to identify them; II – the brief statement of the accusation and
defense; III – the indication of the reasons of fact and
of law on which the decision is based; IV – indication of the articles of law applied; V – the device; VI – the date and signature of the judge. Art. 382. Either party may, in the
within two (2) days, ask the judge to declare the sentence, whenever there is
obscurity, ambiguity, contradiction or omission. Art. 383. The judge, without changing the description
the fact contained in the complaint or complaint, give it a different legal definition,
although, as a result, you have to apply more serious penalty. (Wording given by Law
11,719, of 2008). § 1 If, as a result of a definition
different legal framework, there is a possibility proposed conditional suspension of the proceedings,
the judge shall proceed in accordance with in the law. (Included by Law No. 11,719, of
2008). § 2 In the case of a breach of jurisdiction
other judgment, they will be referred to the records. (Included by Law No. 11,719,
2008). Art. 384. The probationary instruction is closed,
if a new legal definition is appropriate fact, as a result of existing evidence
in the file of element or circumstance of the criminal offense not contained in the indictment,
the prosecutor must add the complaint or complaint, within 5 (five) days, if
as a result of this, the prosecution in public action crime, reducing
the addition, when done orally. (Wording given by Law 11.719, of 2008). § 1 The Ministry body does not proceed
Public to the amendment, art. 28 of this Code. (Included by Law No. 11,719,
2008). § 2 After hearing the defendant’s defender within the time limit
five (5) days and the addition is allowed, the judge, at the request of either party,
designate day and time for continuation of hearing, with questioning of witnesses,
new interrogation of the accused, debates and judgment. (Included by Law
11,719, of 2008). § 3 The provisions of §§ 1 apply.
and 2nd of art. 383 to the caput of this article. (Included by Law No. 11,719, of 2008). § 4 If there is an amendment, each party may
enroll up to 3 (three) witnesses, within 5 (five) days, the judge remaining in the sentence
attached to the terms of the amendment. (Included by Law No. 11,719, of 2008). § 5o The amendment has not been received, the process
will continue. (Included by Law No. 11,719, 2008). Art. 385. In crimes of public action, the
judge may pass a convicting sentence, even though the Public Ministry
for absolution, as well as recognizing aggravating factors, although none have been claimed. Art. 386. The judge will acquit the defendant, mentioning
the cause in the dispositive part, as long as it recognizes: I – it is proven that the fact does not exist; II – there is no proof of the existence of the fact; III – does not constitute a criminal offense; IV – it is proven that the defendant did not compete
for the criminal offense; (Wording given by Law nº 11.690, of 2008) V – there is no proof of having the defendant competed
for the criminal offense; (Wording given by Law nº 11.690, of 2008) VI – there are circumstances that exclude
the crime or exempt the defendant from penalty (arts. 20, 21, 22, 23, 26 and § 1 of art. 28, all
of the Penal Code), or even if it was founded doubt about its existence; (Essay
given by Law 11.690, of 2008) VII – there is insufficient evidence to
condemnation. (Included by Law No. 11,690, 2008) Single paragraph. In the absolute sentence,
the judge: I – will, if necessary, order the defendant to be
freedom; II – order the cessation of measures
precautionary and provisionally applied; (Essay given by Law 11.690, of 2008) III – apply a security measure, if applicable. Art. 387. The judge, when making a condemnatory sentence:
(See Law No. 11,719, of 2008) I – mention the aggravating circumstances
or mitigating measures defined in the Penal Code, and whose existence to recognize; II – mention the other circumstances
cleared and everything else that should be taken account in the application of the penalty,
with the provisions of arts. 59 and 60 of Decree-Law 2,848, of December 7, 1940 – Code
Criminal; (Wording given by Law nº 11.719, 2008). III – apply penalties in accordance with these
conclusions; (Wording given by Law nº 11,719, of 2008). IV – fix a minimum amount for repair
damages caused by the infraction, considering the losses suffered by the victim; (Essay
given by Law No. 11,719, of 2008). V – will comply with the provisional application
prohibitions of rights and measures of security, to the provisions of Title Xl of this
Book; VI – determine whether the sentence should be
published in full or in summary and shall designate the newspaper in which the publication will be made
(art. 73, § 1, of the Penal Code). § 1 The judge shall decide, with reason,
maintenance or, where applicable, imposition of pre-trial detention or other
precautionary measure, without prejudice to appeal that may be filed. (Included
by Law No. 12,736, of 2012) § 2 The time of provisional imprisonment, imprisonment
administrative or hospitalization in Brazil or abroad, will be computed for
determining the initial penalty regime deprivation of liberty. (Included by Law
No. 12,736, of 2012) Art. 388. The sentence may be typed
and in this case the judge will initial it on all the leaves. Art. 389. The sentence will be published by hand
of the clerk, who shall draw up the respective term, registering it in a book specially
intended for that purpose. 390. The registrar, within three days
after publication, and under penalty of suspension five days, will give notice of the sentence
to the Public Prosecutor’s Office.

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