Código de Processo Penal Art 726 a 753


Art. 726. Conditional release will be revoked,
if the released person comes, for crime or misdemeanor, to be convicted of an unappealable sentence
the custodial sentence. Art. 727. The judge may also revoke the
deliverance if the released person fails to comply any of the obligations contained in the judgment,
to observe prohibitions inherent to the penalty accessory or is irretrievably condemned,
for crime, to the penalty that it is not private of freedom. (Wording given by Law nº
6,416, 5.24.1777) Single paragraph. If the judge does not revoke
the release, must warn the released or exacerbate conditions. (Included by
Law No. 6,416, dated 5.24.177) Art. 728. If the revocation is motivated by
criminal offense prior to the term of deliverance, will be computed at the time of the sentence
the period in which the liberated was released, being allowed, for the concession of new
deliverance, the sum of the time of the two sentences. Art. 729. In the case of revocation by another
reason, time will not be counted in the penalty where the liberated was released, and neither
will be granted, in relation to the same penalty, new deliverance. Art. 730. The revocation of the release shall be
decreed through representation of the Council Penitentiary, or at the request of the Ministry
Public, or ex officio, by the judge, who hear the released, being able to order diligences
and allow the production of evidence, within five days. (Wording given by Law nº
6,416, 5.24.1777) Art. 731. The judge, from office, upon request
prosecutor’s office, or through representation of the Penitentiary Council, may modify
the conditions or standards of conduct specified in the sentence, and the respective decision
be read to the released by one of the authorities or by one of the employees indicated in item
I of art. 723, observing the provisions of items II and III, and §§ 1 and 2 of the same article.
(Wording given by Law No. 6,416, dated 5.24.1977) Art. 732. Practiced by the released new infraction,
the judge or court may order your prison, after hearing the Penitentiary Council,
suspending the course of parole, whose revocation will, however, depend on
the final decision in the new process. Art. 733. The judge, of ex officio, or at the request
interested party, the Public Prosecutor’s Office, or of the Penitentiary Council, will deem extinct
the custodial sentence if it expires the term of the release without revocation, or
in the event of the previous article, it is released acquitted by unappealable sentence. TITLE IV OF GRACE, INDULT, AMNESTY AND REHABILITATION CHAPTER I OF GRACE, INDULT AND AMNESTY Art. 734. Grace may be provoked by
petition of the convict, of any person the people, the Penitentiary Council, or the
Public Prosecutor’s Office, except, however, the President of the Republic, the power to
grant it spontaneously. Art. 735. The petition for free, accompanied by
of the documents with which the petitioner is to instruct, will be referred to the Minister of Justice
through the Penitentiary Council. Art. 736. The Penitentiary Council, in sight
the case file, and after hearing the director of the penal establishment to which
the convict has been collected, he will, in a report, the narration of the criminal fact, will examine
the evidence, mention any formality or circumstance omitted from the petition and will
the convict’s background and procedure after being arrested, giving his opinion on the merits
of the order. (See Law No. 7,417, 1985) Art. 737. Processed at the Ministry of Justice,
with the Council documents and report Penitentiary, the petition will rise to dispatch
of the President of the Republic, to whom present the case file or the certificate
of any of its parts, if it determines it. Art. 738. Granted the grace and add to the records
copy of the decree, the judge will declare the penalty or penalties, or will adjust the execution
to the terms of the decree, in the case of or penalty switching. Art. 739. The convicted person may refuse the commutation
of the feather. Art. 740. The records of the petition for free
will be filed with the Ministry of Justice. Art. 741. If the defendant is pardoned,
the judge, ex officio or at the request of the interested party, prosecutor’s office or on the initiative
the Penitentiary Council, will provide according to the provisions of art. 738. Art. 742. Amnesty granted after transit
the sentence condemned, the judge, ex officio or at the request of the interested party,
prosecutor’s office or on the initiative of the Penitentiary Council, will declare
worth it. CHAPTER II REHABILITATION Art. 743. Rehabilitation will be required
to the sentencing judge, after the at least four or eight years, as
whether convicted or repeat offender, counted the day the execution has ended
the main penalty or the security measure detective, the applicant must indicate the
counties in which he resided during that period time. Art. 744. The application will be instructed
with: I – certificates proving not having
the applicant replied, nor be responding prosecution in any of the counties
where you have resided during the term to which the previous article refers; II – certificates from police authorities or
other documents proving to have resided in the indicated counties and effectively maintained
good behavior; III – certificates of good behavior provided
by persons in whose service he has been; IV – any other documents that serve
as proof of its regeneration; V – proof of having compensated the damage caused
for the crime or the impossibility persists to do so. Art. 745. The judge may order the due diligence
necessary to consider the application, surrounding them with possible secrecy and, before
final decision, hear the prosecutor. Art. 746. Of the decision to grant rehabilitation
there will be an official appeal. Art. 747. Rehabilitation, after sentence
unappealable, will be communicated to the of Identification and Statistics or breakdown
congener. Art. 748. The conviction or convictions
above will not be mentioned on the sheet background of the rehabilitated, nor in a certificate
extracted from the books of judgment, except when requested by a criminal judge. Art. 749. Rehabilitation denied, the convict
you cannot renew your order until after the course of two years, unless the refusal
has been the result of a lack or insufficiency of documents. Art. 750. The revocation of rehabilitation
(Penal Code, art. 120) will be decreed by the judge, ex officio or at the request of the
Public ministry. TITLE V IMPLEMENTATION OF SECURITY MEASURES Art. 751. During the execution of the sentence or
during the time the condemned person is stolen from her, security measure may be imposed,
if: I – the judge or the court, in the sentence: a) omit its decree, in cases of dangerousness
presumed; b) fail to apply it or expressly exclude it; c) declare the elements contained in the file
insufficient for the imposition or exclusion measure and order inquiries for verification
the danger of the condemned; II – having been expressly excluded
in the sentence the danger of the convict, new facts prove to be dangerous. Article 752. A security measure may be imposed,
after making the sentence final, even when the execution of the
penalty for reasons other than escape or concealment of the condemned: I – in the case of letter a of paragraph I of the previous article,
as well as in letter b, if it has been alleged dangerousness; II – in the case of letter c of paragraph I of the same article. Art. 753. Even after becoming final
the absolute sentence, may be imposed the security measure while not elapsed
equivalent to its minimum duration, to an individual that the law presumes is dangerous.

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