Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 51º CPP – Extension of pardon.

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Art. 51. A pardon granted to one of the defendants will benefit all,  without, however, producing an effect in relation to the one who refuses it.

This video is repeated in articles 41, 44, 45, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, as it deals with all of them. Subjects: complaint, elements, power of attorney, indivisibility, waiver and pardon.

The forgiveness

Consequence:  If the offended grants forgiveness to one of the defendants, the act benefits everyone. It just doesn’t take advantage of those who refuse it ( article 106, item III of the CP ). The extension to all of pardon granted to one is a consequence of the principle of indivisibility of action ( article 106, item I of CP ).

Extinction of punishability:  Forgiveness is the extinguishing cause of punishment ( article 107, item V, of the CP ).

Moment:  Before filing the complaint, what is appropriate is the waiver. Then there is forgiveness. It can be granted even before the sentence becomes final ( article 106, paragraph 2 of the CP ).

In the subsidiary private criminal action:  Pardon is not appropriate, since  article 105 of the CP is expressed when referring to crimes that  can only be proceeded upon complaint .  Furthermore, in accordance with the provisions of  Article 29 , at any time, in the event of negligence by the plaintiff, the Public Prosecutor may resume the action as the main party.

Form:  Pardon can be granted both within the process (procedural pardon) and outside (extra-procedural pardon); expressly or tacitly ( article 106 of CP ).

Bilateral act:  Forgiveness is a bilateral act. It has no effect in relation to the one who refuses it.

Plurality of victims:  Forgiveness, if granted by one of the offended parties, does not affect the rights of others ( article 106, item II of CP ). 


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