Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 229 of the CPP – Confrontation.

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Art. 229. Cross-examination will be admitted between the accused, between the accused and the witness, between witnesses, between the accused or witness and the offended person, and between the offended persons, whenever they differ in their statements regarding relevant facts or circumstances.
Single paragraph. The confronted ones will be re-asked, so that they can explain the points of divergence, reducing the act of confrontation to a term.

Admission of confrontations and their form

New confrontations after interrogation:  Article 229 authorizes confrontation between the accused, between the accused and the witnesses, between the accused and the victim, whenever they differ in their statements. Considering that  articles 400  and  531 make the prediction that the interrogation is carried out after the confrontations, it is concluded that after the interrogation new confrontations can be carried out (since until the act of interrogation, the accused, having not yet manifested himself, could not, consequently, have diverged from other persons in the process), this time between the accused and the persons referred to in Article 229. In other words, as it makes no sense to confront the accused with other persons before he has been heard, the confrontations involving the accused will have to be asked after your interrogation. And, considering that the criminal procedure establishes confrontations before the interrogation, those confrontations that do not involve the accused will be carried out before the interrogation.

Judge’s faculty:  The confrontations constitute the judge’s faculty, who will examine in the concrete case its real need, considering that contradictions between testimonies almost always occur.

Cross-examinations in the inquiry:  Can be carried out, including finding provision in  article 6 , item VI.

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Summary