Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 102º CPP – Recognition of suspicion by the opposing party.

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Art. 102. When the opposing party recognizes the merits of the  claim, the main proceedings may be suspended, at its request, until the incident of suspicion is judged.

Recognition of suspicion by the opposing party

Recognition of the merits of the claim by the opposing party and suspension:  The court may (faculty) suspend the progress of the main proceedings when the opposing party recognizes the merits of the claim of suspicion. Evidently, this recognition does not bind the decision of the court with regard to the decision as to the existence of suspicion. The time for subpoenaing the opposing party to file an exception of suspicion is when the judge orders its referral to the court. See subtitle  Summons of the opposite part of the title Judge who considers the exception of suspicion to be inadmissible , in comments to article 100.

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