Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 274. The prescriptions regarding the suspicion of judges extend to court clerks and officials, as applicable to them .

Impediment and suspicion of servants

Court clerks and officials:  They are the clerk, clerks, court analysts, bailiff, accountant, among others. They have a statutory relationship with the State.

Argument of suspicion:  In accordance with  article 105 , the parties may also accuse experts, interpreters and public servants or court officials of being suspects, the judge deciding on the ground and without appeal, in view of the alleged matter and immediate evidence.

Impediment:  The expression suspicion of judges contained in this device must be interpreted in a broad sense, to cover not only cases of suspicion themselves  (article 254 ) but also cases of impediment of the judge ( article 252 ).


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