Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 216 CPP – Term reduction and signatures.

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Art. 216. The testimony of the witness will be reduced to a term, signed by him, by the judge and by the parties. If the witness does not know how to sign, or cannot do so, he will ask someone to do it for him, after it has been read in the presence of both.

Term reduction of testimony and signatures

Read in the presence of both:  The reference made by the device is the witness and the person who signed.

Lack of witness signature:  In the absence of a signature by the witness, or by a third party, in the case of a witness who does not know how to sign, the recorded statement continues, in principle, to have value, since it is validated by the signature of those present in the minutes.

Refusal to sign:  In the event that the witness refuses to sign, the judge will state this fact in the deposition term (application  of article 195 , by analogy)

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