Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 242 CPP – Request for search.

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Art. 242. The search may be determined ex officio or at the request of either party.

Search depends on request

By ex officio or at the request of the parties:  This article was partially 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 evidentiary performance of the prosecution(there is no accusatory action on the part of the Public Prosecution Service before starting the process – do not confuse investigative action with accusatory action) it only happens once the process is started through a complaint, this prohibition concerns the procedural instruction, and not only the investigative phase. The search can be determined ex officio by the chief of police (and carried out by the police officer). It may also be ordered at the request of the defendant, his lawyer, the accuser, his defender or the prosecutor. Once the request has been made by the party, it is up to the police or judicial authority to decide on the relevance of the request. Concluding that it is important for the clarification of the truth, the authority will determine the search.

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