Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 329. In criminal courts and police stations, there will be a special book, with opening and closing terms, numbered and initialed on all its pages by the authority, destined especially for terms of bail. The term will be drawn up by the clerk and signed by the authority and by the person providing the guarantee, and a certificate will be extracted from it to be added to the file.
Single paragraph. The defendant and the person providing the bail will be notified by the clerk of the obligations and sanction provided for in Articles 327 and 328, which will appear in the case file.

Terms of guarantee and notification to the principal

Bail Terms Book:  Requiring this book is completely useless. Useless norms, that is, norms that do nothing to help criminal prosecution achieve its objectives and that do not reflect the protection of the rights of the parties, can be considered unwritten (abrogating interpretation)  and , consequently, do not need to be obeyed . And so much so that there is no type of criminal or procedural sanction to protect non-compliance with this rule. It is enough, it is enough, that the term of guarantee is entered in the records. Any other formality is unnecessary.

Notification of obligations to the accused:  The term of guarantee must state that the defendant has been notified of the obligations and sanctions in  articles 327  and  328 , namely, the obligation to appear before the authority every time he is subpoenaed and not to change residence or be absent stay for more than eight days without notifying the authority, under penalty of breaking the bail. In the absence of such notification to the accused, the bail cannot be considered broken by the accused failing to fulfill the obligations of articles 327 and 328.


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