Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 343. Unjustified breach of bail will result in the loss of  half of its value, and it is up to the judge to decide on the imposition of other precautionary measures or, if applicable, the decree of preventive detention.

Loss of half the value

Consequences of breaking the bail:  Breaking the bail means losing half of its value. The accused does not necessarily go to prison, since it is up to, before this extreme measure, to decide on the adequacy, to the concrete case, of other precautionary measures other than imprisonment.

New surety:  The granting of a new surety is prohibited under the terms of  article 324, item I.

Persistence of obligations:  Breaking bail does not imply that the defendant is relieved of typical bail obligations, including attendance at all acts of the process. The same obligations that already existed can be cumulated with others ( article 282, paragraph 4 ).

In case of acquittal:  In case of acquittal, the loss of half of the value remains.

Part not lost:  The charges in  article 336  (costs, compensation for damage, pecuniary benefit and fine) will be deducted from half of the value not lost.

Destination of the sum:  The lost bail amount is collected from the public coffers.


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