Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 219 CPP – Witness who does not appear.

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Art. 219. The judge may apply the fine provided for in  article 453 to the failing witness, without prejudice to the criminal procedure for the crime of disobedience, and condemn him to pay the costs of the due diligence (Wording provided by Law No. 6,416, of 5.24.1977).

Missing witness, disobedience and fine

Crime of disobedience:  It is foreseen in  article 330 of the CP . The witness can justify his absence, in which case the penalties of this provision will not apply.

Reference to article 453:  Article  453  does not deal with fines, since Law n. 11.689/2008 gave it a new wording. The reference is to  article 458 , combined with  article 436 , paragraph 2, which provides for a fine of up to ten minimum wages.

Characterization of disobedience:  Jurisprudence is divided as to the need for coercive conduct to characterize disobedience.


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