Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 25 CPP – Representation and retractability.

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Art. 25. The representation will be irreversible, after the complaint has been offered.

Representation and portrayability

https://www.youtube.com/embed/_vbIeayfETo?feature=oembedThis same video appears in articles 25, 38 and 39.

Retractability:  As long as the complaint is not offered, the offended person can withdraw, preventing the initiation of criminal action. Once the denouncement has been offered, any withdrawal will no longer have any effect.

Offering the complaint:  From the moment the complaint is offered, and not from the moment it is received, retraction is no longer possible. Offering the denouncement is its delivery to the notary.

Withdrawal of retraction:  It is possible. There is no legal device that prevents the retraction of the retraction, that is, that the representation is renewed after the retraction.

Retraction of the request:  Before the complaint is offered, there is no impediment to the retraction of the request. The requisition is an act of a political nature in which a judgment of convenience prevails. By nature, changeable (DELMANTO, Celso.  Penal Code Annotated . 4. ed. São Paulo: Saraiva, 1983).

Jurisprudence

Feasibility of retraction. Timing:  The retraction of the victim or his legal representative is only possible until the complaint is offered and not until it is received (TJSP – RT 670/288).

Fim

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Summary