Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 11 CPP – Instruments of Crime

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Art. 11 The instruments of the crime, as well as the objects of interest to the evidence, will accompany the investigation records.


Shipment of instruments of crime

Comments:  According to the provisions of  article 6, item II of the CPP , as soon as it becomes aware of the commission of a criminal offense, the police authority must seize the instruments and all objects that are related to the fact. The seized instruments and objects that are of interest to the proof of the crime and respective authorship must accompany the police investigation records when they are sent to the Justice. In this way, the judge and the parties will be able to examine them personally. With regard to the judge, the principle of immediacy is reinforced. The judge will have more elements to accept, or not, the conclusions of the expert report ( article 182 of the CPP), or even to determine that a new investigation should be carried out based on the instruments that were sent along with the investigation. As long as they are of interest to the test, the seized things cannot be returned ( article 118 ). Restitution, when applicable, may be ordered by the police authority or judge, by means of a term in the records, provided that there is no doubt as to the claimant’s right  (Article 120 ). The loss in favor of the Union of the instruments of crime, provided they consist of things whose manufacture, disposal, use, possession or possession constitute an unlawful act, is the effect of the conviction (article 91, item II, letter “a” of the CP), as well as as the loss in favor of the Union of the proceeds of crime (letter “b”).


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