Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 340. Reinforcement of the guarantee will be required:
I – when the authority takes, by mistake, insufficient guarantee;
II – when there is material depreciation or perishing of mortgaged or pledged assets, or depreciation of precious metals or stones;
III – when the classification of the crime is innovated.
Single paragraph. The bail will be void and the defendant will be taken to prison, when, in accordance with this article, it is not enforced.

Reinforcement of bail

Reinforcement of bail:  Reinforcement of bail may be required in the following cases: (1) when, by mistake, insufficient bail is taken; (2) in the case of depreciation of the good, metals or stones; (3) if the classification of the offense is changed. The requirement may be made ex officio or at the request of the party. Reinforcement may be required at the investigation or proceeding stage.

Appropriate appeal:  An appeal in the strict sense can be made against the decision that judges the bail to be unsuitable ( article 581, V ).

Imprisonment:  According to the sole paragraph of this device, the bail will be void and the defendant will be taken to prison, if not reinforced. In this case, as well as in the case in which the accused refuses to provide any type of bail, paragraph  4 of article 282 applies , which authorizes preventive detention in the event of non-compliance with a precautionary measure other than imprisonment. Imprisonment, however, in that case, would be an extreme and not an immediate measure.

Poverty:  If the accused does not have the financial conditions to increase the amount of the bail, this increase may be waived ( article 350 ), applying, if appropriate, another precautionary measure other than imprisonment ( article 282, paragraph 4 ).


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