Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 230º CPP – Confrontation by precatory.

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Art. 230. If any witness is absent, whose statements differ from those of another, who is present, the points of divergence will be made known to this witness, including in the record what to explain or observe. If the disagreement persists, a precatoria will be issued to the authority of the place where the absent witness resides, transcribing the statements of this and those of the present witness, in the points where they differ, as well as the text of the said record, in order to that the diligence be completed, hearing the absent witness, in the same way established for the present witness. This diligence will only be carried out when no delay is harmful to the process and the judge deems it convenient.

Combating with the use of precatory

Little practical use:  The measures recommended in this device have little practical use. There is no face-to-face confrontation assisted by the judge in the case. If, in face-to-face encounters, the confronted ones hardly ever back down, in this one, carried out at a distance, the possibility of there being any consistent alteration in the testimony of one of the confronted ones is much smaller. By the way, confrontations in criminal proceedings are unusual, precisely because they do not prove to be profitable.


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