Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 305. In the absence or impediment of the scrivener, any person designated by the authority will draw up the record, after the legal commitment has been made.

designated clerk

Designated clerk:  The clerk is a servant of the State. He is in charge of drawing up the records of arrest in flagrante delicto and of the investigation, which are presided over by the police authority. If the scrivener is absent, or if he is impeded, any person may be appointed by the chief of police to exercise this function, provided that the legal commitment is fulfilled. Article  254 it relates the causes of suspicion of the judge, and, by analogy, should be applied to the clerk. The grounds for suspicion are as follows: I – if you are a close friend or major enemy of any of them; II – if he, his spouse, ascendant or descendant, is responding to a lawsuit for a similar fact, about whose criminal nature there is controversy; III – if he, his spouse, or relative, consanguineous or similar, up to and including the third degree, sustains a claim or responds to a lawsuit that has to be judged by any of the parties; IV – if he has advised any of the parties; V – if he is a creditor or debtor, guardian or trustee, of any of the parties; VI – if he is a partner, shareholder or administrator of a company interested in the process.


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