Art. 217. If the judge verifies that the defendant’s presence could cause humiliation, fear, or serious embarrassment to the witness or the victim, in a way that jeopardizes the truth of the testimony, he will make the inquiry by videoconference and, only when this is not possible, will he determine the withdrawal of the defendant, continuing the questioning, with the presence of his defender. (Wording provided by Law No. 11,690, of 2008)
Sole paragraph. The adoption of any of the measures provided for in the caput of this article must be included in the term, as well as the reasons that determined it. (Included by Law No. 11,690 of 2008)
Withdrawal of accused from hearing
Defender always present: Exceptionally, the presence of the defendant may be waived, never that of the defender: “The acts of instruction or trial will proceed with the assistance of the defender, if the defendant behaves inconveniently” ( Art. 796 ) .
Reasoned decision: The withdrawal of the accused shall be determined if the hearing is in progress. The holding of the hearing by videoconference is scheduled if the judge foresees that the accused will disturb the progress of the hearing. In other words, the face-to-face hearing is not interrupted so that it can be continued virtually.
Reasons for the need for the presence of the accused: His presence can only be waived exceptionally, as it is fundamental, not only for him to be able to assist the technical defense, but also because he will be questioned in the final phase of the hearing, and in that opportunity he must know all the evidence that has been produced, so that you can refute it.
