Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 189º CPP – Indication of evidence by the accused.

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Art. 189. If the person questioned denies the accusation, in whole or in part, he may provide clarification and indicate evidence. (Wording provided by Law No. 10,792, of 1.12.2003).

Denial of the accusation, clarifications and indication of evidence

Indication of evidence by the defendant:  The defendant, in his cross-examination, may indicate evidence. This indication is complementary to the technical defense produced by the lawyer.

Burden of proof rests with the Public Prosecutor:  See this same subheading under the title Burden of proof and in dubio pro reo , in comments to article 156.

Denial in part of the accusation : The accused can deny in part the imputed fact. Recognize, for example, authorship, but claim that he acted in self-defense. On the divisibility of confession, see  Article 200 


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