Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 139 CPP – Administration of collected assets.

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Art. 139. The deposit and administration of seized assets will be  subject to the civil procedure regime. (Wording provided by Law No. 11,435 of 2006).

Deposit and administration of assets at the CPC and CC

Deposit and administration of assets at the CPC and CC:  The CPC regulates the function of the depositary, in  articles 159 to 160 . The custody and conservation of pledged, arrested, seized or collected assets will be entrusted to a depositary or administrator. For his work, the trustee or administrator will receive remuneration that the judge will fix taking into account the situation of the assets, the length of service and the difficulties of its execution. The depositary or administrator is liable for damages that, by intent or negligence, they cause to the party, losing the remuneration that was arbitrated, but they have the right to have what they legitimately spent in the exercise of the charge. The Civil Code, in turn,  in articles 627 to 652 , deals with voluntary and necessary deposits.

Jurisprudence

Depositary’s right of retention:  If security has not been provided or expenses paid in advance to cover expenses with storage and conservation of the deposited agricultural product, the respective warehouse, even if in the public role of depository, may exercise the right of retention of part of the product until these costs are reimbursed and their fees paid ( Minister João Otávio de Noronha – STJ – Resp. n.1.300.584 ).

Fim

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