Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 286. The warrant will be issued in duplicate, and the executor will deliver  to the prisoner, immediately after arrest, one of the copies with a statement of the day, time and place of the procedure. Upon delivery, the prisoner must issue a receipt on the other copy; if he refuses, does not know how or cannot write, the fact will be mentioned in a declaration, signed by two witnesses.

Arrest warrant and surrender

Four-way:  This is not exactly a duplicate, but four-way. One copy to remain in the records, another with the prison executor, where, once the receipt has been issued by the prisoner and the prison administrator, it will be returned to the records, a third for the prisoner and a fourth will be handed over to the prison administrator ( article 288 ). They cannot be simple copies, as all four copies must be signed by the judge. A copy without the judge’s original signature is of no value. 

The copy that stays with the prisoner:  The copy that stays with the prisoner must contain the day, time and place of the procedure. The purpose of this measure is to allow the prisoner to have proof not only of the day he was arrested (initial date of arrest, when the period of provisional arrest or resulting from sentence will be counted) but also to know who and in what process his arrest was determined. These subsidies may be useful to the lawyer assisting the prisoner, including with regard to the period of temporary imprisonment, which is five days extendable for another five. The device is in line with the constitutional norm by which the prisoner has the right to identify those responsible for the arrest, not only the executor but also the judge.

Assistance from the family and a lawyer:  According to  article 5, item LXIII, of the CF , the prisoner must be informed of his rights, including the right to remain silent, being assured the assistance of his family and a lawyer. Thus, ways to communicate with his family and with his lawyer should be made available to the prisoner. If you do not have the name of your lawyer, or if you do not inform him, the arrest will be communicated to the Public Defender’s Office (paragraph 4 of article 289-A).

The copy that remains with the executor:  In the copy that remains with the executor, and which will be returned to the clerk to be added to the case file, the executor must also declare the day, time and place of the procedure, and sign. With this information, the initial date of the arrest will be verified in the records, necessary for the counting of terms for serving the sentence.


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