Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 267. Pursuant to  article 252 , relatives of the judge shall not act as defenders.

Judge’s relatives on defense

Order of precedence:  At first glance, it may seem that this provision is a repetition of  Article 252, item I. But it is not. In the case of article 252, I, it is the defender who is preceding the judge in the process and, therefore, the judge cannot function. In this device 267, it is the judge who precedes and, consequently, family defenders cannot act. The degree of kinship covered by the prohibition is the same degree as in Article 252, I (spouse or relative, consanguineous or related, in a direct or collateral line up to the third degree).

Kinship by affinity:  See this same subheading under the heading Impeachment of the judge , in notes to article 252.


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