Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 7 CPP – Simulated reproduction of facts

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Art. 7 To verify the possibility that the offense was committed in a certain way, the police authority may proceed with a simulated reproduction of the facts, provided that this does not contravene morality or public order.

Simulated reproduction of facts


Condition and faculty:  The police authority may proceed with the simulated reproduction of the facts, provided that this does not contravene morality or public order. Example: crimes against customs. This resource is a faculty of the police authority, which must examine its convenience and usefulness.

Participation of the investigated and unreasonable coercive conduct:  The participation of the investigated is not mandatory. An extra can be used if the investigated person does not want to participate. Its coercive conduct is unacceptable, since it cannot be compelled to provide evidence against itself. Nemo tenetur se detegere  includes the right to remain silent, not to give your body, part of your body, substances of your body, for the production of evidence. It means that the investigated has no obligation to cooperate. See comments to  Article 260 .

Simulated reproduction of the facts at the request of the investigated person:  It is feasible. If there is a relevant fact from a criminal point of view, it is possible to make a simulated reproduction of the facts, aiming to clarify facts alleged by the investigated person.

Possibility for the judge to determine:  The possibility of carrying out a simulated reproduction of the facts is not an exclusive faculty of the police authority. It may be made during the instruction, at the request of either party.

Record of the act:  Minutes can be drawn up or audio-visual recording made. In the case of the latter, there can be no cuts. Cuts would harm the reliability of the simulation. One would not be clarifying doubt, but concocting proof.


Mário Rui da Rocha Ribeiro Costa:  The reconstitution of the fact in Portuguese criminal procedure . Universities Lusiada.


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