Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 341. Bail will be considered broken when the accused: 
I – regularly summoned to act in the process, fails to appear, without good reason; (Included by Law No. 12,403 of 2011).
II – deliberately commit an act of obstruction to the progress of the process;
III – fails to comply with the precautionary measure imposed cumulatively with the bail;
IV – unjustifiably resist a court order;
V – commit a new intentional criminal offense. 

Reasons for breach of bail

Bail Break:  Only the judge can break bail. The police authority has no legitimacy for this act. Bail is considered broken when the accused, validly summoned for a procedural act, fails to appear without just cause. Before judging the bail to be broken, the accused must be heard, who can justify it, alleging a circumstance that characterizes  just cause. for non-attendance. Bail is broken, too, if the accused obstructs the proceeding. Depending on the circumstances of this obstruction, it may be the case to decree preventive detention as a guarantee of criminal instruction. Failure to comply with another precautionary measure imposed cumulatively also entails the breach of bail. One more cause for considering bail to be broken is the commission of a new criminal offence. It is unnecessary for there to be a final and unappealable decision on this new crime.

From prison:  Bail is a precautionary measure different from prison ( article 319, item VIII and paragraph 4 ). Its imposition implies a series of obligations for the accused, including those of  articles 327  and  328  and those of this article 341. measure, the imposition of another measure in addition or the decree of preventive detention. In any case, it should be borne in mind that imprisonment is always a last resort, as it is only applied in the  last resort  ( article 282, paragraph 4 , final part of the  caput  and  article 343 ).

Appropriate appeal:  An appeal in the strict sense of the decision that deems bail ( article 581, item VII ) or  habeas corpus  in the case of imprisonment may be broken.


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