Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 13-A CPP – Kidnapping and extortion. Measurements.

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Art. 13-A. In the crimes provided for in  articles 148 ,  149  and  149-A , in  paragraph 3 of article 158  and in  article  159 of Decree-Law no  . , of July 13, 1990 (Statute of the Child and Adolescent) , the member of the Public Prosecutor’s Office or the police chief may request, from any government agency or private enterprise, data and registration information on the victim or suspects.  (Included by Law No. 13,344 of 2016)  

Single paragraph. The request, which will be answered within 24 (twenty-four) hours, will contain:  (Included by Law No. 13,344, of 2016)
I – the name of the requesting authority; (Included by Law No. 13,344 of 2016)
II – the police inquiry number; and  (Included by Law No. 13,344 of 2016)
III – identification of the judicial police unit responsible for the investigation. (Included by Law No. 13,344 of 2016)

Kidnapping and extortion

https://youtube.com/watch?v=hRMAaxIdzcU%3Ffeature%3Doembed

Request for data and registration information: In the case of crimes of kidnapping or false imprisonment, reducing someone to a condition analogous to that of a slave, human trafficking and sending a child or adolescent abroad without complying with the legal formalities, the member of the Public Ministry or the police chief may request , from any government agency or private enterprise, data and registration information on the victim or suspects. Kidnapping and false imprisonment are characterized as: “depriving someone of their liberty, through kidnapping or false imprisonment”. Reduction to a condition analogous to that of a slave as: “Reducing someone to a condition analogous to that of a slave, either subjecting him to forced labor or exhausting workdays, or subjecting him to degrading working conditions, or restricting, by any means, their locomotion due to a debt contracted with the employer or agent”. Trafficking in Persons: “Arranging, enticing, recruiting, transporting, transferring, buying, housing or receiving a person, through serious threat, violence, coercion, fraud or abuse, with the purpose of I – removing organs, tissues or body parts ; II – subject her to work in conditions similar to that of a slave; III – subject it to any type of servitude; IV – illegal adoption; V – sexual exploitation”. Sending a child or adolescent abroad: “Promoting or assisting in carrying out an act intended to send a child or adolescent abroad without complying with legal formalities or with the aim of making a profit”. fraud or abuse, with the purpose of I – removing organs, tissues or body parts; II – subject her to work in conditions similar to that of a slave; III – subject it to any type of servitude; IV – illegal adoption; V – sexual exploitation”. Sending a child or adolescent abroad: “Promoting or assisting in carrying out an act intended to send a child or adolescent abroad without complying with legal formalities or with the aim of making a profit”. fraud or abuse, with the purpose of I – removing organs, tissues or body parts; II – subject her to work in conditions similar to that of a slave; III – subject it to any type of servitude; IV – illegal adoption; V – sexual exploitation”. Sending a child or adolescent abroad: “Promoting or assisting in carrying out an act intended to send a child or adolescent abroad without complying with legal formalities or with the aim of making a profit”.

Registration data:  Registration data and information can be sought from any public authorities or private sector companies, the victim or suspects. These bodies and companies may be, among others, the traffic department, judiciary, property registries, board of trade, city hall, civil registry offices, telephone companies, title offices, FGTS, financial agents, credit card administrators, IRS. The qualification to be provided concerns the name, nationality, marital status, address, profession, date of birth, identity card number, CPF number. Information about real estate

Land Registry are public. Information obtained in civil or criminal proceedings not protected by confidentiality is also public. Any notary information is public. Income statements from the federal revenue service, transfers of values ​​before the credit card financial agent and detailed information on the use of the telephone device can only be provided with judicial authorization, as in these cases there is reserve of jurisdiction.

Doctrine

Márcio Adriano Anselmo:  The presidency of the inquiry and the request for due diligence . Higher School of Police. Higher School of Civil Police.

Fim

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