Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 334. Bail may be provided until  the conviction becomes final.

Concession at any time before the final and unappealable decision

Timing of bail:  Before the conviction becomes final, imprisonment can only be decreed on a precautionary basis, except in exceptional periods when jurisprudence goes against the letter of the law (see comments on article 283  ) . While appeals are pending in the process, including special and extraordinary appeals, bail is applicable. As a precautionary measure other than imprisonment ( article 319, item VIII ), bail can be imposed or granted (whether it is understood as imposition or concession, the effects are the same) at any time, from arrest in flagrante delicto to transit in judged by the sentence.


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