Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 220 CPP – Disabled people.

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Art. 220. Persons unable, due to illness or old age, to appear to testify, will be questioned wherever they are.

Persons unable to move

Location of the hearing:  The judge has ample freedom to define the location of the hearing. In case the witness is unable to attend the courtroom, it can be held wherever you are (at your home, hospital, etc.). Paragraph 2 of Article 792 provides   that hearings, sessions and procedural acts, if necessary, may be held at the judge’s residence, or at another house specially designated by him.

Notification of the parties:  The parties must be notified of the place and time where the hearing will be held.

Norm applicable to the victim and the defendant:  The device is also applicable to the victim and the accused, and not only to the witness.

Videoconference:  There is no impediment for the witness to be heard by videoconference.

Arrested Witness:  Must be requested for the hearing.


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