Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 277. The expert appointed by the authority will be obliged to accept the charge, under penalty of a fine of one hundred to five hundred milreis, unless there is a reasonable excuse.
Single paragraph. The expert who, without just cause, immediately proven:
a) fails to respond to the subpoena or the call of the authority will incur the same fine;
b) does not show up on the day and place designated for the examination;
c) does not issue the report, or contribute to the investigation not being carried out, within the established deadlines.

expert and fine

Inapplicable fine:  The amount of the fine was lagged with inflation. The fine under these conditions cannot be applied.

Answerable excuse:  It is the excuse, the reason, the acceptable, admissible, plausible motive. If there is an acceptable excuse, the expert is relieved of the obligation to carry out the expertise, and another must be appointed.

Remuneration by the State:  The appointed expert, who has no connection with the Administration, must be remunerated by the State for the expertise carried out.

Official expert who refuses to carry out the expertise:  If the official expert refuses to carry out the expertise, he responds to a punitive administrative process, since he has functional responsibility. To this end, the judge must communicate the fact to the body to which the expert is linked.


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