Art. 60. In cases where only a complaint is made, the criminal action will be considered peremptory:
I – when, once initiated, the plaintiff fails to promote the progress of the process for 30 (thirty) consecutive days;
II – when, when the plaintiff dies or becomes incapacitated, any of the persons responsible for doing so does not appear in court to continue the proceedings, within a period of 60 (sixty) days, with the exception of the provisions of article 36;
III – when the plaintiff fails to appear, without justifiable reason, at any act of the process at which he should be present, or fails to formulate the request for conviction in the final allegations;
IV – when, being the plaintiff a legal entity, it is extinguished without leaving a successor.
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.
Comments
Moment: Peremption is only appropriate after the criminal action has started.
Consequence: Peremption is cause of extinction of punishment ( article 107, item IV, of the CP ).
In subsidiary private criminal action: The institute of peremption does not fit in subsidiary private criminal action. As expressed in the caput of this article 60, peremption only applies to cases in which it only proceeds upon complaint. In the subsidiary action, in accordance with the provisions of Article 29 , at any time, in the case of negligence by the plaintiff, the Public Prosecutor may resume the action as the main party.
Procedural term: The thirty-day period is procedural, not penal. Refers to the progress of the process.
Subpoena to proceed: It is not enough for the period of thirty days to pass for the criminal action to be considered peremptory. The summons of the plaintiff is essential.
Non-attendance of the plaintiff: By the expression plaintiff , contained in item III, his lawyer is understood, except in the case of a procedural act in which the personal presence of the party is essential (hearing designated for his questioning or for the acknowledgment of the defendant).
Request for conviction: The request for conviction may be implicit in the final reasons. The important thing is that closing arguments are offered, and that acquittal is not sought.
Jurisprudence
Absence of the plaintiff : Peremption is not characterized if his attorney appears (RT 585/370).
