Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 71º CPP – Continuous or permanent infraction.

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Art. 71. In the case of a continuous or permanent infraction, committed  in the territory of two or more jurisdictions, jurisdiction will be based on prevention.

Continuing or permanent crime committed in more than one jurisdiction

Continued crime:  If the crime is continuous or permanent and has been committed in the territory of two or more jurisdictions, jurisdiction is determined by prevention, that is, it will be up to the judge who preceded the others in the practice of some act of the process or measure related to this, even if prior to the filing of the complaint ( article 83 of the CPP ). In the definition of  article 71 of the CP, the crime is continued when the agent, through more than one action or omission, commits two or more crimes of the same kind and, due to the conditions of time, place, manner of execution and other similar ones, the subsequent crimes must be considered as a continuation of the first . Consequently, there are three requirements for a continuing offense: (1) the commission of more than one offense of the same type, (2) the presence of more than one action when committing these offenses, (3) the conditions of time, place, manner of execution and other similar ones authorize the conclusion that the subsequent offenses constitute a continuation of the first. Continuing crime is not, according to the penal law, a single crime. For the purpose of quantifying the penalty, the penalty for a single offense is considered, which is increased within certain limits.

Permanent crime:  It is the one whose consummation subsists in time according to the will of the agent. The classic example is the crime of  kidnapping , whose execution persists while the victim is under the control and power of the agent ( article 148 of CP ). The offense of  receiving , in the forms of  concealment  and  having in deposit , is also an example of a permanent offense. Another crime of the same class is the  illegal possession of a permitted firearm , whose criminal type consists of Possess or keep under their custody a firearm, accessory or ammunition for permitted use in disagreement with legal or regulatory determinations, within their residence or premises thereof, or even at their place of work, provided that they are the holder or legal guardian of the establishment or company  ( Article 12 of Law No. 10,826  /2003 ).

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