Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 9 CPP – Parts of the inquiry

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Art. 9 All the pieces of the police inquiry will be, in a single process, reduced to writing or typed and, in this case, initialed by the authority.

parts of the inquiry

Comments:  The inquiry records have already been handwritten. Then they became typewritten. The logic is that soon they will all be integrated into the electronic process. Subsequently, the questioning of witnesses and defendants will be done through audiovisual recording.

Inquiry by the traditional system: In the present device, there is a determination that the parts of the investigation are all written or typed. The CPP entered into force in 1942. It deserves an updated interpretation. All inquiries must be made through the system provided for in article 405 of the CPP: audiovisual recording. By analogy. It’s more agile. More economical. It is possible to have more secure contact with the actual content of the respondent’s testimony. Therefore, the evidence is more reliable. This system is better for both the prosecution and the defense. For the defense, because the depositions taken, usually by clerks (and not by the police authority), tend to contain biases in their misplaced or undue punctuations, missing phrases, highlighted words, which reveal more a police impression of the facts than the actual narrative of the declarant. You need to understand the obvious: the statement given by the police officer is not the statement of the accused, but rather the impression made on the police officer of what he heard from the deponent. Therefore, what is charged is a complex, or a composite, of two impressions, that of the deponent, relating to the facts that he witnessed or participated in, and that of the clerk, concerning what he heard from the respondent. The audiovisual recording system is better for the prosecution, because it can rule out undue allegations of invalidity of the evidence in the investigation. As it is better for the defense and the prosecution, justice benefits from the adoption of the system. relating to the facts he witnessed or participated in, and that of the clerk, concerning what he heard from the respondent. The audiovisual recording system is better for the prosecution, because it can rule out undue allegations of invalidity of the evidence in the investigation. As it is better for the defense and the prosecution, justice benefits from the adoption of the system. relating to the facts he witnessed or participated in, and that of the clerk, concerning what he heard from the respondent. The audiovisual recording system is better for the prosecution, because it can rule out undue allegations of invalidity of the evidence in the investigation. As it is better for the defense and the prosecution, justice benefits from the adoption of the system.

Interferences in the truth and in the testimony:  In this title, Testimony and truth , in comments to Article 202, we examine the various transformations through which the testimony goes through until it reaches its assessment. In the questioning of witnesses, offended, indicted, there is a succession of errors and misunderstandings caused by various intermediations.

Unjustifiable police delay:  The audiovisual system has not yet been implemented for inquiries in the police inquiry (2019). A lack of resources is alleged. It does not justify. Cellular devices are capable of making recordings better than any of the most sophisticated camcorders. Incidentally, cell phones are more suitable for this purpose, given the ease of handling, especially short-distance filming. There is no lack of resources, there is a lack of detachment from the past.

Listening to an audiovisual recording and collaboration of the parties:  The parties, including the police authority, must get used to indicating, in order to facilitate the work of other Justice operators, the important sections of the footage. Reproductions contain markers. The police authority, when making the report, must indicate that, in recording X, on line Y, witness A stated  abcde . It makes everyone’s job easier.

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