Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 143º CPP – Destination of the mortgage and attachment records.

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Art. 143. Once the conviction becomes final, the  mortgage or attachment records will be sent to the civil judge (Article 63). (Wording provided by Law No. 11,435 of 2006).

Condemnation and destination of the mortgage and arrest records

Remittance of mortgage documents:  This provision is not valid. This remittance must not be made ex officio. The judge must await the request of the party. One of the two: either the offended party will file the execution of the civil sentence (article 63), or he already has an action for compensation of damage in progress (article 64). In the first case, he files the execution of the condemnatory sentence in the civil court, attaching the mortgage records (or requesting that it be formalized to the criminal court so that the records can be sent). In the second case, he requests the criminal court to send the mortgage records to the civil court where the civil action is in progress.

Referring to the comments on articles 63 and 64:  The final conviction constitutes an enforceable instrument. With it, the offended party does not need to first propose a knowledge action to, only after, enter with compliance with the sentence. No. The convicting criminal sentence can be enforced (better said, carried out). It can be enforced in civil court. On the subject, see our  comments on Article 63 . While Article 63 deals with civil enforcement  ex delicto , Article 64 deals with civil action  ex delicto . It is a civil action of knowledge, in which a sentence is sought, which will then be subject to compliance. On the subject, see our  notes to Article 64 .


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