Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 336. The money or objects given as surety will serve to pay the costs, compensation for damage, pecuniary benefit and fine, if the defendant is convicted. 
Single paragraph. This device will still apply in the case of prescription after the conviction (Article 110 of the Penal Code).

Allocation of the bail amount

Destination of the bail amount:  In case of conviction, the bail amount (which was intended to oblige the defendant to attend all acts of the process for which he was notified) will be returned to the defendant or to the person who paid the bail. Beforehand, however, the amount of costs, compensation for damage, pecuniary benefit and fine will be deducted.

Prescription after the conviction:  If there is prescription before the conviction, discounts are not made and the amounts are fully refunded. In the case of prescription after the conviction, the discounts are also made, less the amounts of the pecuniary benefit and the fine, since they cannot be executed, due to the prescription. Therefore, in the event of statute of limitations on the conviction, the amount to be returned to the defendant is only deducted from the amount related to the indemnification of the damage (if there is a civil action for collection by the victim or offended party or there is a conviction to pay a minimum installment in the conviction) and the amount of costs.

Reparation of damages and the conviction:  Pursuant to  article 387, item IV , the judge, when issuing a condemnatory sentence, will set a minimum amount for repairing the damage caused by the infraction, considering the losses suffered by the victim.

Meaning of the pecuniary benefit:  The pecuniary benefit consists of the payment in cash to the victim, their dependents or to a public or private entity with a social purpose, of an amount fixed by the judge, not less than one minimum wage or greater than 360 minimum wages. The amount paid will be deducted from the amount of any conviction in a civil reparation action, if the beneficiaries coincide ( article 45, paragraph 1, of the Penal Code ).


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