Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 123. Outside of the cases provided for in the previous articles, if within a  period of 90 days, counting from the date on which the final, condemnatory or acquittal sentence becomes final, the seized objects are not claimed or do not belong to the defendant, they will be sold in auction, depositing the balance at the disposal of the absent court. 

Seized objects not subject to seizure, confiscation or loss in favor of the Union

Comments:  This device deals with seized objects not subject to kidnapping, confiscation or loss in favor of the Union. They should have been claimed, but there was no request for refund in the course of the process. If, within a period of 90 days, counting from the date on which the final, condemnatory or acquittal sentence becomes final, they are not claimed, they will be sold at auction, depositing the balance at the disposal of the absent court. Those belonging to the defendant must be returned to him.

Meaning of final judgment:  On the meaning of the expression “final judgment” contained in this article 123, see subheading  Meaning of final judgment  in the title They cannot be returned as long as they are of interest to the process , in comments to article 118.

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