Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 196. At any time, the judge may carry out a new ex  officio interrogation or at the reasoned request of any of the parties. (Wording provided by Law No. 10,792, of 12.1.2003)

New interrogation. Justification and power of the court

Justification:  Doubts may have remained in the accused’s testimony or new evidence has emerged on which, with a view to ensuring full defense, it is important that the defendant be heard again. The accused is under no obligation to undergo further interrogation. Like the first, the second interrogation remains a right, not an obligation. What justifies a new interrogation is, above all, the emergence of new evidence. In that case, it is the right of the accused to be questioned. Requiring its exercise, it cannot be denied. The denial may constitute defense curtailment. Another reason to justify a new interrogation is the hypothesis that the accused wants to recant (article 200). Retraction of confession is the right of the accused.

Possibility of determining a new interrogation ex officio revoked: This article was tacitly revoked, given that article 3-A , introduced into the system by Law n. 13,964/2019, prohibits the judge from substituting the evidentiary performance of the prosecution body . As the interrogation is also a means of proof, the judge is prohibited from promoting it ex officio.

Power of the court:  The new interrogation is also a power of the court, according to  article 616 : “In the judgment of appeals, the court, chamber or panel may proceed with a new interrogation of the accused, re-examine witnesses or determine other steps”.


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