Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 244º CPP – The personal search.

Contribua com a manutenção deste site, faça um pix para [email protected].

Art. 244. A personal search will not depend on a warrant, in the case of arrest or when there is a well-founded suspicion that the person is in possession of a prohibited weapon or objects or papers that constitute the body of the crime, or when the measure is determined during the course of a house search .

Personal search and warrant waiver

The rule is the existence of a warrant:  The rule, for a personal search to be carried out, is that there must be a prior warrant issued by the police authority. In the case, however, of the hypotheses of Article 244, the warrant is waived. It’s just that there isn’t always time to obtain it.

Objects or papers that constitute the corpus delicti:  Corpus delicti are the material elements or traces that indicate the existence of a crime. They can be things found or obtained by criminal means, forgery or counterfeit instruments and counterfeit or counterfeit objects, weapons and ammunition, instruments used in the commission of crime, letters, open or not.

Well-founded suspicion : The suspicion must be based on evidence or evidence.


Contribua com seu comentário

Your email address will not be published. Required fields are marked *