Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 89º CPP – Crimes committed on board vessels.

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Art. 89. Crimes committed on any vessel in the  territorial waters of the Republic, or on bordering rivers and lakes, as well as on board national vessels, on the high seas, will be prosecuted and judged by the justice of the first Brazilian port in which the vessel touches down, after the crime, or, when leaving the country, for the last one he touched.

Crimes committed on board vessels and jurisdiction

Application of national criminal law to crimes committed on ships:  In accordance with  Article 5 of  the Penal Code , Brazilian law applies to crimes committed in national territory, and for criminal purposes, they are considered as an extension from the national territory,  Brazilian vessels and aircraft, of a public nature  or at the service of the Brazilian government, wherever they are, as well as  Brazilian aircraft and vessels,  commercial or privately owned, which are found in the corresponding airspace or at high altitudes. sea. Brazilian law is also applicable to crimes committed on board  privately owned foreign aircraft or vessels., landing in the national territory or flying in the corresponding airspace, or in a port or territorial sea of ​​Brazil. Foreign aircraft  or vessels of a public nature , diplomatic representatives for example, apply the norms of  article 7 of  the Penal Code  that deal with the extraterritoriality of the criminal law.

Jurisdiction to judge crimes committed on vessels:  Crimes committed on vessels and subject to Brazilian criminal law will be prosecuted and judged by the justice of the first Brazilian port where the vessel touches down after the crime or, when leaving the country, by the justice of the last one where has touched.

Brazilian territorial sea:   Pursuant to  Law No. 8617  , of January 4, 1993 , the Brazilian territorial sea comprises a strip of twelve nautical miles in width, measured from the low-water line of the continental and island coastline, as indicated on large-scale nautical charts, officially recognized in Brazil. Brazil’s sovereignty extends to the territorial sea, the overlying airspace, as well as its bed and subsoil.

Offenses on board ships and aircraft and Federal Justice:  According to the provisions of  article 109, item IX of the CF , it is incumbent upon federal judges to prosecute and judge crimes committed on board ships or aircraft, with the exception of the competence of the Military Justice. It is common ground that federal jurisdiction is restricted to crimes committed on large ships, that is, capable of sailing on the high seas.

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