Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 205 CPP – Doubt as to identity.

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Art. 205. If there is doubt about the identity of the witness, the judge  will proceed with the verification by the means at his disposal, however, he may take the testimony from the outset.

Doubt as to the identity of the witness

Identity verification : The judge can refer to the documents of the witnesses (identity card, driver’s license, work and others), and also listen to the people present. If the doubt persists, he may, after taking his statement, determine his conduction to the identification institute.

Crime committed by the witness:  The witness who conceals his true identity commits the crime of false testimony ( article 342 of the CP ), and not that of false identity ( article 307 of the CP ), because the latter makes the reservation that the even if it is not characterized when the fact constitutes an element of a more serious crime: “Assigning oneself or attributing a false identity to a third party to obtain an advantage, for one’s own benefit or that of others, or to cause harm to others: Penalty – detention, from three months to one year, or a fine, if the fact does not constitute an element of a more serious crime.”


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