Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 150. For the purpose of the examination, the accused, if he is arrested, will be interned in a forensic asylum, where there is one, or, if he is released, and the experts so request, in a suitable establishment that the judge designates.
§ 1 The  examination will not last more than forty-five days, unless the experts demonstrate the need for a longer period.
§ 2 If  there is no prejudice to the progress of the process, the judge may authorize the files to be handed over to the experts, to facilitate the examination.

Hospitalization and term

Imprisoned accused:  If the accused is imprisoned and it is necessary that he be submitted to a sanity examination, he will be transferred to the custody and treatment house ( article 715, sole paragraph of CP P), where the examination will be carried out.

Accused on release and need for hospitalization:  If the accused is released, and the experts deem it necessary that he be collected for the examination, they must substantiate a request to the judge. With customary accuracy, Marcão considers that the requirements for this arrest are  Articles 319, items VII  and  282 of the CPP , that is, the internment measure will fit in the cases of crimes committed with violence or serious threat, when the expert concludes that it is a case of unimputable or semi-imputable accused ( art. 26 of the Penal Code) and there is a risk of recurrence. The precautionary measure must be applied observing: I – necessity for the application of the criminal law, for the investigation or the criminal instruction and, in the cases expressly foreseen, to avoid the commission of criminal infractions; II – suitability of the measure to the seriousness of the crime, circumstances of the fact and personal conditions of the indicted or accused. 

A single expert: Article 159 of the CPP was modified by Law n. 8,862/1994 . With the modification, the expertise started to be carried out by only one official expert. In the absence of an official expert, the examination will be carried out by two suitable persons, holding a higher education degree, preferably in the specific area, among those with technical qualification related to the nature of the examination.

Unjustified delay:  Delay without justification for carrying out the examination, while the accused is in prison, constitutes an illegal embarrassment, remediable with  habeas corpus .


Paulo Vasconcelos Jacobina:  Criminal law of madness: security measure and psychiatric reform .  app.uff.br


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