Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 363 of the CPP – Wrong veto. Prescription.

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Art. 363. The process will have completed its formation when the accused has been summoned. (Wording provided by Law No. 11,719 of 2008). 
I – (revoked); (Wording provided by Law No. 11,719 of 2008). 
II – (revoked). (Wording provided by Law No. 11,719 of 2008). 
§ 1 If  the accused is not found, summons will be issued by public notice. (Included by Law No. 11,719 of 2008). 
§ 2   VETOED)  (Included by Law No. 11,719, of 2008). 
§ 3   VETOED)  (Included by Law No. 11,719, of 2008). 
§ 4th If the defendant cited by public notice appears at any time, the process will observe the provisions of articles 394 et seq. of this Code. (Included by Law No. 11,719 of 2008).

veto mistake

Wrong veto:  Paragraph 2 of this device was vetoed, on the grounds that it would determine the suspension of the prescription without providing for the suspension of the process, which would be unfair to the accused. The veto was in error, since the new wording of  article 396, sole paragraph , assigned by the same project of Law n. 11,719/2008, provided for the suspension of the process.

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