Código de Processo Penal   Art  467 a 481

Código de Processo Penal Art 467 a 481

February 25, 2020 1 By Bernardo Ryan


Art. 467. Verifying that they are in the
the ballots relating to the jurors present, the presiding judge will draw 7 (seven)
them for the formation of the Sentencing Council. (Wording given by Law nº 11.689, of 2008) Art. 468. As the ballots are
being removed from the ballot box, the presiding judge will read them, and the defense and, after it, the Ministry
Public may refuse the judges drawn, up to 3 (three) each part, without motivating the refusal.
given by Law nº 11.689, of 2008) Single paragraph. The jury impotently refused
by either party will be excluded from that instruction and trial session, continuing
the draw for the composition of the Council of Judgment with the remaining jurors.
(Included by Law 11,689, of 2008) Art. 469. If there are 2 (two) or more defendants,
refusals may be made by one defender. (Wording given by Law nº 11.689,
2008) § 1 The separation of judgments only
will occur if, due to the refusals, the minimum number of 7 (seven) jurors is obtained
to compose the Sentencing Council. (Included by Law nº 11.689, of 2008) Paragraph 2. Once the separation of judgments is determined,
the accused will be tried first who was responsible for the fact or,
in case of co-authorship, the criterion will apply preferably provided for in art. 429 of this
Code. (Included by Law No. 11,689, of 2008) Art. 470. The impediment argument has been ignored,
suspicion or incompatibility against the presiding judge of the Jury Court, a body
prosecutor, juror or any other employee, the trial will not be suspended,
however, the minutes plea and decision. (Wording given by
Law nº 11.689, of 2008) Art. 471. If, as a result of the impediment,
suspicion, incompatibility, dismissal or refusal, there is no number for training
Council, the trial will be postponed to the first free day, after drawn
alternates, in compliance with the provisions of in art. 464 of this Code. (Wording given
by Law nº 11.689, of 2008) Art. 472. After the Sentencing Council is formed,
the president, standing up, and with him, all those present, will make to jurors the following
exhortation: (Wording given by Law nº 11,689, of 2008) In the name of the law, I invite you to examine this
cause impartially and to utter your decision according to your conscience
and the dictates of justice. The jurors, nominally called by the president,
will answer: So I promise you. Single paragraph. The judge will then receive
copies of the pronunciation or, where applicable, subsequent decisions that they deemed admissible
the prosecution and the process report. (Included by Law 11,689, of 2008) Section XI Plenary Instruction (Included by Law 11,689, of 2008) Art. 473. Having made the commitment by the jurors,
plenary instruction will begin when the presiding judge, the prosecutor,
the assistant, the plaintiff and the defender of accused will take, successively and directly,
the offender’s statements, if possible, and will question the witnesses listed by
indictment. (Wording given by Law nº 11.689, 2008) § 1 For the questioning of witnesses
listed by the defense, the defendant’s defender formulate the questions before the Ministry
Public and the assistant, kept in the most the order and criteria established in this
(Included by Law No. 11,689, of 2008) § 2 The jurors may ask questions
the offended and the witnesses, through the presiding judge. (Included by Law nº
11,689, of 2008) § 3 The parties and the jurors may request
confrontations, recognition of people and things and clarification from the experts as well as
reading pieces that refer exclusively to to the evidence collected by precatory letter
and precautionary evidence, whether or not anticipated repeatable. (Included by Law No. 11,689,
2008) Art. 474. Next, the accused will be questioned,
if present, in the form established in Chapter III of Title VII of Book I
of this Code, with the changes introduced in this section. (Wording given by Law nº
11,689, of 2008) § 1 The Public Ministry, the assistant,
the plaintiff and the defender, in that order, may formulate questions directly to the accused.
(Wording given by Law nº 11.689, of 2008) § 2 The jurors will formulate questions by
through the presiding judge. (Essay given by Law nº 11.689, of 2008) § 3 The use of handcuffs will not be allowed
in the accused during the period in which he remains in the jury plenary, unless absolutely
necessary to the order of business, security of witnesses or the guarantee of integrity
physics of those present. (Included by Law No. 11,689, of 2008) Art. 475. The record of depositions and the
interrogation will be done by the means or magnetic recording, electronic,
stenotype or similar technique, aimed at to obtain greater fidelity and speed in the harvest
of the proof. (Wording given by Law nº 11.689, 2008) Single paragraph. The record transcript,
after the recording has been done, it will records. (Included by Law No. 11,689, of
2008) Section XII Debates (Included by Law 11,689, of 2008) Art. 476. The instruction is closed, it will be granted
the floor to the Public Prosecutor, who will the prosecution, within the limits of the pronunciation or
subsequent decisions that they considered admissible the prosecution, arguing, if appropriate,
the existence of an aggravating circumstance. (Wording given by Law nº 11.689, of 2008) § 1 The assistant will speak after the Ministry
Public. (Included by Law No. 11,689, 2008) § 2 In the case of an initiative criminal action
private, the plaintiff will speak first and then the prosecutor’s office, unless
if it has resumed ownership of the action, in the form of art. 29 of this Code.
(Included by Law 11,689, of 2008) § 3 Once the accusation is over, it will have the floor
the defense. (Included by Law No. 11,689, 2008) § 4 The prosecution may reply and the defense
triple, and re-acquisition is allowed witness already heard in plenary. (Included
by Law nº 11.689, of 2008) Art. 477. The time allotted for the prosecution
and the defense will be an hour and a half to each, and one hour for the replica and another
so much for the rejoinder. (Wording given by Law nº 11.689, of 2008) § 1 If there is more than one accuser or more
of a defender, they will combine the distribution time, which, in the absence of agreement, will be divided
by the presiding judge, so as not to exceed determined in this article. (Included by
Law nº 11.689, of 2008) § 2 If there is more than 1 (one) accused, the time
for the prosecution and defense will be added 1 (one) hour and doubled that of the replica
and the rejoinder, subject to the provisions of § 1 of this article. (Included by Law No. 11,689,
2008) Art. 478. During the debates the parties did not
may, under penalty of nullity, make references to: (Wording given by Law nº 11.689, of 2008) I – the decision to pronounce, the decisions
later judges that the charge was admissible or determining the use of handcuffs as
authority argument benefiting or harm the accused; (Included by Law
No. 11,689, of 2008) II – the accused’s silence or absence
interrogation for lack of requirement, to your detriment. (Included by Law nº
11,689, of 2008) Art. 479. During the trial it will not be
document reading or viewing is allowed object that has not been joined to
notices with a minimum advance of 3 (three) working days, informing the other party.
(Wording given by Law nº 11.689, of 2008) Single paragraph. It is understood in the prohibition
this article reading newspapers or any other writing, as well as showing videos,
recordings, photographs, reports, pictures, sketch or any other similar means,
whose content is about the subject of fact submitted for appreciation and judgment
of the jurors. (Included by Law No. 11,689, 2008) Art. 480. The prosecution, defense and jurors
may, at any time and through the presiding judge, ask the speaker to indicate
the sheet of the case where the piece is read or quoted by him, also providing
jurors to request it, by the same means, the factual clarification he claimed.
(Wording given by Law nº 11.689, of 2008) § 1 After the debates are concluded, the president
will ask the jurors if they are qualified to judge or need further clarification.
(Included by Law 11,689, of 2008) § 2 If there is any doubt about the issue of
In fact, the President will provide clarifications in view of the file. (Included by Law nº
11,689, of 2008) § 3 The jurors, at this stage of the procedure,
have access to the records and instruments crime if they ask the presiding judge.
(Included by Law 11,689, of 2008) Art. 481. If the verification of any fact,
recognized as essential to the judgment cause, cannot be carried out immediately,
the presiding judge will dissolve the Council, ordering the diligence to be carried out
deemed necessary. (Wording given by Law nº 11.689, of 2008) Single paragraph. If due diligence consists
in the production of expert evidence, the presiding judge, immediately, he will appoint an expert and formulate questions,
allowing the parties to also formulate them and appoint technical assistants within
five (5) days.