Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 53º CPP – Forgiveness and incapacity.

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 Art. 53. If the defendant is mentally ill or mentally retarded and does not  have a legal representative, or if his or her interests collide with those of the defendant, acceptance of the pardon will be up to the curator appointed by the judge.

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.

mentally ill

Comments:  In the case of a mentally ill or mentally retarded defendant who does not have a legal representative, or in the event of conflicting interests, the acceptance of the pardon can be exercised by a curator appointed by the judge.


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