Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 144 A CPP – Advance sale of goods.

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Art. 144-A. The judge will determine the anticipated sale to preserve the  value of the assets whenever they are subject to any degree of deterioration or depreciation, or when there is difficulty in maintaining them. (Included by Law No. 12,694, of 2012)
§ 1 The auction will preferably be carried out electronically. (Included by Law No. 12,694, of 2012)
§ 2 The goods must be sold for the value fixed in the judicial appraisal or for a higher value. If the value stipulated by the judicial administration is not reached, a new auction will be held, within 10 (ten) days from the first one, and the assets may be sold for a value not less than 80% (eighty percent) of that stipulated in the judicial evaluation. (Included by Law No. 12,694 of 2012)
§ 3 The product of the sale will be deposited in an account linked to the court until the final decision of the process, proceeding with its conversion into income for the Union, State or Federal District, in the case conviction, or, in the case of acquittal, its return to the accused. (Included by Law No. 12,694 of 2012)
§ 4 When the unavailability falls on money, including foreign currency, bonds, securities or checks issued as a payment order, the court will determine the conversion of the seized cash into current national currency and the deposit the corresponding amounts in a court account. (Included by Law No. 12,694, of 2012) §
5 In the case of the sale of vehicles, vessels or aircraft, the judge will order the transit authority or the equivalent registration and control body to issue a registration and licensing certificate in favor of the bidder, freeing him from paying fines, charges and taxes. previous years, without prejudice to tax foreclosure in relation to the former owner. (Included by Law No. 12,694 of 2012)
§ 6 The value of public debt securities, company shares and credit securities negotiable on the stock exchange will be the official quotation of the day, proven by a certificate or publication in the official body. (Included by Law No. 12,694 of 2012) §
7  (VETOED) (Included by Law No. 12,694 of 2012)

Advance sale of goods with the aim of preserving value

Comments: This device deals with the advance public sale, through the internet, of goods that are subject to deterioration, depreciation, or maintenance difficulties. Deterioration is damage, damage, decomposition. Depreciation is loss of value, and difficulty in maintenance are obstacles to conservation and safekeeping. The assets must be sold for the value fixed in the judicial appraisal or for a higher value. If the value stipulated by the judicial administration is not reached, a new auction is held, within 10 (ten) days from the first one, and the assets may be sold for a value not less than 80% (eighty percent) of that stipulated in the judicial evaluation. In the case of conviction, before proceeding with the conversion into income for the Union, State or Federal District, the amount related to repairing the victim’s damage must be set aside. apply, article 140 of the CPP : “The guarantees of compensation for damage will also cover procedural expenses and pecuniary penalties, with preference being given to repairing the damage to the victim ” Otherwise, the device is self-explanatory.

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