Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 327. The bail taken by term will oblige the bailed to appear  before the authority, every time he is summoned for acts of investigation and criminal instruction and for the trial. When the defendant fails to appear, the bond will be deemed broken.

Obligations of the secured party and resources in case of bankruptcy

Obligations of the bailee : In addition to the obligations of appearing before the authority (delegate or judge) whenever notified, articles  328  and  341  provide for others. The obligation to attend the acts of the process is one of the most important. Its main purpose is to keep the accused under surveillance, so that he does not escape. 

Contradictory and justification:  Before judging the bail to be broken, the judge must hear the defense, which may present a justification for the lack, in accordance with article  341, item I , which refers to the possibility of having just cause. Adversary results from a constitutional mandate ( article 5, item LV of the CF ).

If bail is broken, it is no longer granted : Once bail is broken, it is no longer granted ( article 324, item I ), but this does not mean that the accused will have to be arrested (see subtitle  Breaking bail and maintenance of obligations of the accused  under the title Breach of bail and maintenance of obligations , in annotations to article 324). It will result in the loss of half of its value, and it is up to the judge to decide on the imposition of other precautionary measures or, if applicable, the decree of preventive detention (article 343 ) .

Appeals against the decision that judges the bail to be broken:  The appropriate appeal against the decision that judges the bail to be broken is the appeal in the strict sense ( article 581, VII ). If, due to breach of bail, the accused is preventively arrested ( article 282, item IV ),  habeas corpus is applicable .


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