Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 124 CPP – Unknown authorship, instruments and proceeds of crime.

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Art. 124. The instruments of crime, whose loss in favor of the Union is  decreed, and the things confiscated, in accordance with the provisions of article 100 of the Penal Code, will be destroyed or collected at the criminal museum, if there is an interest in their preservation.

Authorship unknown, instruments and proceeds of crime

Unknown authorship and instruments and proceeds of crime: Article 100 of the CP referred to in article 124 of the CPP is revoked. It said that “the judge, although the authorship has not been determined, must order the confiscation of the instruments and products of the crime, provided that they consist of things whose manufacture, disposal, use, possession or possession constitutes an illicit fact”. With the revocation, this question arises: in the face of the investigation with unknown authorship, what to do with the instruments and products of the crime whose manufacture, disposal, use, possession or detention constitute an illicit fact? They cannot, of course, be confiscated, since that would depend on the sentence, and there is no accused to be acquitted or condemned. First, it should be clarified that the fact that the authorship was not determined does not mean that the apprehension is unfounded. On the contrary, it is the measure that imposes itself. Since they are instruments and proceeds of crime whose manufacture, disposal, use, possession or detention constitutes an illegal act, these things cannot be put back into circulation and, therefore, administrative norms must deal with their destination. They may not, however, be destroyed as long as they are of interest to the test, and the prescription has not been verified. There is a crime, there is an inquiry, the perpetrator is unknown. It might become known.

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