Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 365º CPP – Content of the notice.

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Art. 365. The citation notice shall indicate:
I – the name of the judge who determines it;
II – the name of the defendant, or, if not known, his characteristic signs, as well as his residence and profession, if they appear in the file;
III – the purpose for which the citation is made;
IV – the judgment and the day, time and place where the defendant must appear;
V – the deadline, which will be counted from the day of publication of the notice in the press, if any, or of its posting.
Single paragraph. The notice will be posted on the door of the building where the court is held and will be published by the press, where available, and the posting must be certified by the official who made it and the publication must be proven by a copy of the newspaper or a certificate from the clerk, which contains the page of the newspaper with the date of publication.

Citation notice content

Physical identification:  See  this same subheading  under the heading Impossibility of identifying the accused in our notes to  Article 259 .

Absence of a summary of the imputed facts: Precedent 366 of the STF  provides  : “It is not void the citation by public notice that indicates the device of the criminal law, although it does not transcribe the complaint or complaint, or does not summarize the facts on which it is based” (  see  jurisprudence subsequent to the publication of the Precedent ).

Nullities:  There is nullity of the summons by public notice if it lacks the name of the summoned (or the name is incorrect), the purpose for which the citation is made, the court where the process is processed and the posting certificate. 

Posting by the bailiff:

It is the bailiff who arranges for the posting and who certifies having done so, not the notary.

Districts where there is no official publication:  Jurisprudence has tended to the effect that publication is only mandatory in districts where there is official publication, as there is no funding for publication in other newspapers.


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