Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 358º CPP – Citation of the military.

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Art. 358. The serviceman will be summoned through the head of the respective service.

military quoteTacit revocation:  In view of the principles of hierarchy and discipline, the military cannot withdraw from the barracks without authorization from his superior. Hence the reason for the citation through the head of the respective service. Currently, as the summons is no longer made for the appearance of the accused for the interrogation hearing, but rather for the accused to offer his defense (see subheading The judgment  and the place, the day and the hour in which the defendant will have to appear  in the title Content of writ of summons, in annotations to Article 352), the provision is no longer valid for citation purposes. The summons must be made by order of the court official, who will appear at the unit where the soldier serves and will present himself before the superior, if necessary, stating the reason for his presence (compliance with a court order) and, then, will quote personally.Subpoena for the hearing:  The subpoena of the military accused for the hearing ( article 399 ) must be done through his superior ( article 370 ). A letter is issued by the judge to the head of the military service requesting that the accused be summoned to the designated hearing. The response to the official letter must be attached to the records. If there is no response, the subpoena is deemed not to have been served.Summons of a military witness:  Military personnel must be requested from a higher authority ( Article 221, paragraph 2 ).


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