Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 72. If the place of the offense is not known, jurisdiction  will be governed by the domicile or residence of the defendant.
§ 1 If  the defendant has more than one residence, jurisdiction will be based on prevention.
§ 2 If  the defendant does not have a certain residence or his whereabouts are unknown, the judge who first becomes aware of the fact will be competent.

alternative competency

Jurisdiction for the domicile or residence of the accused:  If the place where the crime was committed is not known, the jurisdiction will be for the domicile or residence of the accused. Domicile is the place where a person establishes permanent residence ( Article 70 of the CC ). Residence is the place where she lives, which she occupies. Mood, a subjective element, is what distinguishes home from residence. On the other hand,  article 71 of the CC  prescribes that, if the person has several residences, where he lives alternately, any one of them will be considered a domicile. The change of domicile occurs with the transfer of residence, when there is a clear intention to change it ( article 74 of the CC). Article 72 of the CPP does not refer to the possibility of having more than one accused with different domiciles. Solved with analogy to paragraph 1 , for prevention.


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