Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 101º CPP – Consequence of the decision on suspicion.

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Art. 101. Once the suspicion is upheld, the acts of the  main proceedings will be null and void, and the judge will pay the costs, in the case of an inexcusable error; rejected, evidencing the malice of the excipient, the latter will be imposed a fine of two hundred thousand réis to two contos de réis.

Consequences of the decision rendered in the exception of suspicion

Nullity:  If the exception of suspicion is upheld, the nullity of the acts in the main proceedings must be recognized. In the case of suspicion whose cause was verified during the course of the process (supervening suspicion), the acts prior to the cause of suspicion are valid. 

Inexcusable error:  The expression inexcusable comes from the Latin  inexcusabilis . It means that which cannot be excused, ignored, forgiven, that which has no excuse. 

Rejection of the exception, fine and crime against honor:  The rejection of the exception of suspicion does not result in the payment of a fine, as the one established in this provision has not been updated. Rejection may, however, result in crimes against honor, namely, slander, injury and defamation. Slander is the false imputation to someone in fact typified as a crime. In defamation, the imputed fact is offensive to reputation, but it is not a crime. In the insult, there is no imputation of fact, but of negative particularity that affects dignity. On the responsibility of the grantor of the power of attorney in these cases, see the title  Power of attorney with special powers  in comments on  article 98 .


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