Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 211 CPP – False testimony.

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Art. 211. If the judge, when pronouncing the final sentence, recognizes that a witness made a false statement, was silent or denied the truth, he will send a copy of the statement to the police authority for the initiation of an investigation.
    Single paragraph. Once the testimony has been given in the plenary of the trial, the judge, in the case of issuing a decision at the hearing (article 538, paragraph 2), the court (article 561), or the sentencing council, after voting on the questions, may present the witness immediately to the police authority.

False testimony and remedies

Beginning of the process of false testimony:  The jurisprudence, according to Julio Mirabete, diverges: 1) there is an understanding that the criminal action for false testimony cannot be proposed until a sentence is handed down in the process in which the false testimony was committed; 2) that the criminal action can be initiated before the sentence in the process in which the falsehood was committed, but the process for falsehood can only be judged after the sentence has been handed down in the process in which it was verified; 3) that the criminal action for falsehood can be initiated and be judged independently of the process where the falsehood was committed; 4) that the two processes are connected and must proceed together; 5) that there is no connection (Mirabete, Julio Fabbrini.  Code of Criminal Procedure Interpreted . 7th. ed. Editora Atlas: 2000).

Precatoria and false testimony:  The competence to prosecute the crime of falsehood rests with the deprecated judge.

Waiver of police inquiry:  The statement and other documents can be sent directly to the Public Prosecutor’s Office, which, if it deems that there are sufficient probative elements, may propose criminal action for the offense of falsehood, regardless of a police inquiry.

Repealed provisions referred to:  Article  561 , referred to in the sole paragraph, was revoked by  Law n. 8658/93 , and  article 538  was revoked by Law n. 11,719/2008. Currently, the reference made to  article 538  must be understood as referring to  articles 403,  caput  and  534,  caput .

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