Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 356º CPP – Precatory and urgency.

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Art. 356. If there is urgency, the precatoria, which will contain in summary the requirements listed in  article 354 , may be issued by telegraph, after the judge’s signature has been recognized, which the dispatching station will mention.

Urgency

Urgency:  There may be urgency in the case of summons of witnesses or the accused to hold a hearing. But there is hardly any urgency in the case of a writ of summons. This is because the summons is made so that the accused can offer his defense, and no longer for an interrogation hearing previously designated by the deprecating court. In addition, on the occasion of the issuance of a writ of summons for service of process, the statute of limitations has already been interrupted by the receipt of the complaint ( article 396  combined with  article 117, item I, of the CP ).

Requirements

Summary of requirements:  There is no way to summarize the requirements of  Article 354 . These are minimum requirements, without which the act of citation cannot be validly performed. A full copy of the complaint must also be sent.

The judge’s notarization:  This notarization is not to be confused with the one made at the notary office. It is confirmation by the scrivener or secretary of the authenticity of the judge’s signature and the terms of the writ. It is performed over the phone. The CPC is applicable to the species: the clerk or the head of the secretariat, on the same day or the next business day, will telephone or send an electronic message to the secretary of the court, the clerk or the head of the secretariat of the deprecating court, reading the terms of the letter and asking you to confirm them. If confirmed, the clerk or the head of the secretariat will submit the letter for dispatch ( article 265, paragraphs 1 and 2  of the CPC).

Submission by email  and electronic process

Sending by email:  The precatory can be sent attached to the  email . In this case, the measures described in the subtitle Recognition of the judge’s signature  in the heading Requirements , in notes to this legal provision, must also be taken  .

Electronic process:  In the electronic process, letters rogatory are sent electronically, in which the judge’s signature is digital and certified by an accredited certifying authority. Article 7 of Law no. 11.419/2006 :  Letters rogatory, rogatory, orders and, in general, all official communications that transit between bodies of the Judiciary Power, as well as between this and other Powers, will preferably be made by electronic means .

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Summary