Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 61º CPP – Extinction of punishment.

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Art. 61. At any stage of the process, the judge, if he recognizes that the punishability is extinct, must declare it ex officio. 
Single paragraph. In the event of an application by the Public Prosecutor’s Office, the plaintiff or the defendant, the judge will have the case filed separately, will hear the opposing party and, if deemed convenient, will grant a period of 5 (five) days for the proof, issuing the decision within 5 (five) days or reserving to appreciate the matter in the final judgment.

Judicial recognition of the extinction of punishment

Comments:  The causes for the extinction of punishment are a matter of criminal law, which is why we will not dwell on this topic. According to article 61, if the judge recognizes that the punishment is extinct, at any procedural moment, he must declare it ex officio, regardless of the provocation of the parties.

Appropriate appeal:  The appropriate appeal against the decision that decrees the statute of limitations or judges, in another way, that the punishability is extinct is the appeal in the strict sense ( article 581, item VIII ).

Jurisprudence

False death :  Once the extinction of criminal liability for death is recognized, the action cannot be reactivated after the falsehood of death is known (RT 580/349).

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Summary