Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 58º CPP – Forgiveness in the records.

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 Art. 58. Once the pardon has been granted, through an express declaration in the records, the  defendant will be summoned to say, within 3 (three) days, if he accepts it, and at the same time, he must be made aware that his silence will imply acceptance. 
Single paragraph. Once the pardon is accepted, the judge will judge the punishment to be extinguished. 

https://www.youtube.com/embed/kLdz_xMubUo?feature=oembedThis 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.

Granted in the records

Comments:  If the pardon is granted through a statement in the file, the defendant will be summoned to say, within three days, if he agrees. Your silence within the term of the law means acceptance. The reason for hearing the defendant, so that he can say whether or not he accepts the pardon, is that he may have an interest in continuing the process, with the aim of proving his innocence.


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