DEADLINES IN THE CRIMINAL PROCESS

COMPLAINT ADDITION
3 days. Art. 46, § 2º.

FINAL CLAIMS

20 minutes extendable for another 10 minutes;
If there is a prosecution assistant, he will have 10 minutes for final allegations, which time will be increased during the defense period;
The above term is individual for each accused
(art. 403 of the CPP, wording given by law 11719/2008)

It can be presented in written memorials within five days (art. 404, CPP)

APPEAL

Time (for the prosecution and for the defense): 5 days. Art. 593.

Presentation of reasons: 8 days (First, appellant, and then appealed), after the signature of the appeal term. Art. 600.

In crimes within the jurisdiction of the Jury or irregular Court, in which the Public Prosecutor fails to appeal, the offended party may appeal within 15 days. Article 598, single paragraph.

Oral support: 10 minutes. Art. 610, single paragraph.

Deadline for the assistant to offer reasons, after the Public Prosecutor’s Office: 3 days. Art. 610, single paragraph.

Deadline for the assistant to offer reasons, after the Public Prosecutor’s Office: 3 days. 600, § 1.

Transfer remittance, when there is more than one defendant and not all are tried: 30 days. 600, § 1.

Shipment of the case file to the Superior Instance: 5 days. Art. 601.

Shipment of the case file to the attorney general: 5 days. Art. 610.

Remittance of the records, to the rapporteur, after hearing the Attorney’s Office: 5 days. Art. 610.

TESTEMUNHAL LETTER

48 hours after the order denying the appeal. 640.

Delivery of the letter: 5 days, if appeal in the strict sense; 60 days if extraordinary appeal. Art. 641.
CITATION

By Notice:
– 15 days, if the defendant is in an uncertain and unknown place. Art. 361.

– If the defendant hides himself in order not to be summoned, the summons must be promoted at the right time (art. 362, of the CPP);

– If the citation site is inaccessible, analogous application of art. 232, item IV, of the CPC, and the notice must have a period between 20 and 60 days (Art. 363, items I and II w / c 364, of the CPP were revoked by Law 11.719 / 2008).

CONTRAVENTIONS

Hearing: As soon as the author of the fact is presented to the judge (art. 72, of Law 9099/95).

List of witnesses: 05 days, before the hearing. (Art. 78, first paragraph, of Law 9099/95).

Witness inquiries, debates and sentence: at the hearing. Article 79 of Law 9099/95.

CRIME OF CALUSIA AND INJURY Disputation

of the exception of the truth, if presented: 2 days. Art. 523, CPP.

DECADENCE

OF THE RIGHT OF COMPLAINT: 06 months from the knowledge of the authorship. Art. 38, CPP.

In crimes against immaterial property that depend on a complaint, the decay occurs within 30 days from the ratification of the expert report on the seized products (art. 529, CPP)

PRIOR DEFENSE

10 days, counted from the summons or the presentation of the defendant or the defender constituted in the case of citation by notice. Arts. 396, CPP;

COMPLAINT

5 days if the defendant is arrested. Art. 46; 15 days if you’re loose. Art. 46 w / c 39, § 5º.

DILIGENCES

Deadline for requesting due diligence, only in the ordinary ordinary procedure, is given at the end of the instruction and trial hearing, after the interrogation of the accused, which has become the last act of instruction Art. 402, of the CPP.
DOCUMENTS

Attached: at any stage of the process. Art. 231.
During the trial in the jury plenary, it will not be allowed to read a document or display an object that has not been added to the case file at least 3 (three) business days in advance, informing the other party. Art. 479, CPP, (Wording given by Law nº 11.689, of 2008)
The prohibition of this article includes the reading of newspapers or any other writing, as well as the display of videos, recordings, photographs, reports, pictures, sketches or any other similar medium, the content of which deals with the matter actually submitted for consideration and judging judges. Sole paragraph of art. 479, of the CPP (Included by Law nº 11.689, of 2008)

DECLARATION
EMBARGOS
In the courts of appeal: 2 days, from the publication of the judgment. Art. 619.

INFRINGENT EMBARGOES

10 days. Art. 609, single paragraph.

EXAMINATION OF THE BODY OF CRIME AND EXPERTISE IN GENERAL

Expert report: 10 days. 160, single paragraph.

Autopsy: 6 hours after death. Art. 162.

Insanity: 45 days, after the suspension of the process and appointment of trustee to the expert (art. 150, first paragraph, of the CPP)

BANKRUPTCY (Law 11,101, of February 9, 2005)

Presentation of the accounts, by the judicial administrator, after realization of the asset and product distribution among creditors: maximum of 30 days. 154.

Cessation of business activities prior to filing for bankruptcy: in which case it will not be declared: minimum of 2 years. Art. 96, VIII.

Calling of the creditors’ general meeting: at least 15 days in advance. Article 36.

Summons to the general meeting to deliberate on the recovery plan: maximum of 150 days. Art. 56.

Judicial decision on the extrajudicial recovery plan: 5 days. 164, § 5º.

Denunciation of the Public Ministry in criminal action: 15 days. Art. 187, § 1.

Duration of the effects of the conviction for a crime provided for by law (except for criminal rehabilitation): 5 years. Art. 181, 1st.

Credit qualifications: term determined by the judge. Art. 99, IV.

Objection against the list of creditors: 10 days. Art. 8

Payment of the 1st installment of debts included in the special judicial reorganization plan: maximum 180 days. Art. 71, III.

Permanence in judicial recovery: compliance with obligations. Maximum of 2 years. Art. 61.

Nominal list of creditors, presentation by the bankrupt: 5 days. Art. 99, III.

Final bankruptcy report, by the judicial administrator: maximum of 10 days. Art. 155.

Request for new judicial reorganization since the last concession: minimum of 5 years. Art. 48, II.

SECURITY

Decision: 48 hours. Art. 322, single paragraph.

PUBLIC EMPLOYEE

Defense in a criminal offense of responsibility (functional): 15 days (criminal offense). Art. 514.

dispenses preliminary defense in crimes in which the complaint comes with a police inquiryàPrecedent 330 of the STJ

HABEAS CORPUS

Decision: 24 hours. Art. 660.

FALSITY INCIDENT

Proposed: 48 hours. 145, I.
Test: 3 days. Art. 145, II.

INCOMMUNICALIBITY

Up to 3 days: Art. 21, single paragraph. Such an article is derogated from the Federal Constitution, and it is no longer possible to speak of the incommunicado of the prisoner.

POLICE INQUIRY

Defendant arrested: 10 days;
Defendant released: 30 days;
Federal Court: 15 days, extendable. (art. 66, of Law 5010/66)
Drugs: defendant released for 90 days; defendant arrested for 30 days. Both periods can be doubled (art. 51, of Law 11343/2006) RESTRICTION

OF RIGHTS

Defense: 2 days. Art. 373, § 1. (The art. In question had no effect under the provisions of Law 7210/84)

CONDITIONAL RELEASE

Granted to a person sentenced to 2 years or more. Art. 710.

Report of the prison director, to the Penitentiary Council: 15 days. Art. 714, single paragraph.

Provided, by the judge, production of evidence, before revoking the release: 5 days. Art. 730.

SECURITY MEASURES (this matter is now regulated by law 7210/84, in art. 171 to 174)

For the imposition of measures:
3 days, for the convict’s allegations. 757.

10 days for the production of evidence. 757.

Sentence: 3 days, after the proof period. Art. 757, § 30.

Report of the authority responsible for the internment or surveillance of the convict:
– 30 days, before the expiry of the measure not less than 1 year. Art. 775.
– 15 days in other cases. Art. 775, I.

Judges’ steps to verify whether the causes of the security measure have disappeared: 1 to 15 days, before the term of the measure has expired. Art. 775, IV.

NULLITIES

Argument:
– within the period of final oral allegations, the nullity of the criminal instruction of the proceedings within the competence of the jury (art. 571, I c / c 411, paragraph 4);
– within the period of final oral allegations, those of the criminal investigation under the jurisdiction of the individual judge and special cases (Art. 571, II, c / c art. 403);
– right after the hearing is opened, those concerning the application of security measures (Art. 571, IV);
– right after the judgment was announced and the parties proclaimed, the nullities that occurred after the pronunciation (Art. 571, V);
– 15 days, those for the investigation of cases within the jurisdiction of the Supreme Federal Court (STF) (Law 8038, art. 11);
– within the period of the appeal, those verified after the first instance decision (Art. 571, VII);
– after the nullity of the judgment occurs, in plenary, in a hearing or in a court session (Art. 571, VIII).

PECUNIARY FEATURES

Payment: 10 days, from the final judgment of the sentence. Article 164 of Law 7210/84.

PEREMPTION OF CRIMINAL ACTION

30 days, if the plaintiff does not promote progress (Art. 60, I);

60 days, if the complainant dies, or if his disability occurs, the person responsible does not promote progress (Art. 60, II).

DEADLINES

All deadlines will run in notary public and will be continuous and permanent, not interrupted by holidays, Sundays or holidays. Art. 798.

The starting day will not be counted within the deadline, including, however, the due date. Article 798, § 1.

The period that ends on Sunday or public holidays will be considered extended until the next business day. 798, § 3º.

DEADLINES OF THE JUDGES, FOR ORDERS AND DECISIONS

10 days, if the decision is final, or mixed interlocutory. Art. 800, I.

5 days, if simple interlocutory. Art. 800, II.

1 day, for office dispatch. Art. 800, III.

ADMINISTRATIVE PRISON

Of defectors: up to 3 months. Art. 321, II. (revoked by the CF)

FLAGRANT PRISON Guilt

note: 24 hours. Art. 306.
Communication to the public defender and referral to the APF court: 24 hours (art. 306, first paragraph)

PREVENTIVE PRISON

At any stage of the police investigation or criminal investigation. Art. 311.

JURY’S PROCESS

Final allegations: 20 minutes extendable for another 10 minutes, for each individual defendant; first for the Public Ministry and then for the defense. Art. 411.

Intimation of the sentence of pronouncement, personal or by edict in any type of intentional crime against life (art. 420 of the CPP)

Accusatory plea: There is no more

Dispatch of prepared cases: 5 days, before the jurors’ draw. Art. 424.

Judges’ drawing: 10 to 15 days, before the first trial. (art. 433)

Justification for impediment of juror: until the moment of the call of the jurors (Art. 443)

Request for assistance, in the plenary: there is no deadline.

Accusation and defense: 1h30min, for each one, 1h for reply and rejoinder. Art. 477.
If two or more defendants the initial time is increased by one hour and the replica or rejoinder time is doubled.
Document reading: only if added to the file up to 3 days before the trial. Art. 479.

SUMMARY PROCEDURE

The public summons within a period of five days, if the defendant’s whereabouts are unknown, or if the defendant hides: There is no more. Now it’s time to quote.

Deadlines for the defendant:
– prior defense: 10 days. 396 of the CPP.
– list of witnesses: within the period of prior defense, up to five witnesses can be registered. Art. 532, CPP.
– trial hearing: 30 days after receipt of the complaint. Art. 531, CPP.
– final allegations: 20 minutes, for each one; first, the Public Prosecutor’s Office, and then the defense (extendable for another 10 minutes). The prosecution assistant will have 10 minutes, which will be added to the defense time. Art. 534.
– sentence: in audience. Art. 534, CPP.

REHABILITATION

Art. 94, CP. Rehabilitation may be required, after 2 (two) years from the day on which the penalty is extinguished, in any case, or the execution of the sentence ends, computing the period of proof of suspension and the period of conditional release, if no revocation occurs since the convict: (Wording given by Law nº 7.209, of 11.7.1984)

Renewal of the request: after 2 years, the rejection of the first. Article 749, of the CPP.

RESOURCES

Appeal of the sentences and decision to reject a complaint in the process of contravention or crime, to which the Law assigns a custodial sentence of not more than 02 years – 10 days (Law 9099/95);

Appeal in crimes with a sentence greater than two years: five days for requesting the appeal and eight days for submitting reasons;
a) summary appeals (crimes that the law entails imprisonment)
Seen to the attorney general. Art. 610; 5 days –
To the rapporteur. Art. 610.
b) ordinary appeal (crimes to which the law imposes a penalty of imprisonment): 10 days – seen by the attorney general; 10 days – to the rapporteur. Art. 613, I and II.
Debates: 15 minutes. Art. 613, III.

STRICT FEATURE

Deadline in general: 5 days. Art. 586 and 591.

Appeal period against the list of jurors: it was extinguished by law 11689/2008.

Transfer extraction, conference and repair: 5 days. Art. 587, single paragraph.

Presentation of reasons: by the appellant, 2 days after filing the appeal, and then 2 days, for the defendant. Art. 588.

Reform or support of the order, by the judge: 2 days. Art. 589.

Presentation to the court: 5 days. Art. 591.

Return of the author to the judge in quo: 5 days. Art. 592.

Shipment of the case file to the attorney general: 5 days. Then for 5 days, to the rapporteur. Art. 610.
Oral support: 10 minutes. Art. 610, single paragraph.

AUTHORIZATION RESTORATION

Notice of summons of the parties: 10 days. Art. 541, § 2, c.

Due diligence (completion): 20 days. Art. 544.

Request for clarification, from authorities or offices: 5 days. 544, single paragraph.

REFUNDS OF SEIZED THINGS

Production of evidence by the applicant: 5 days. Art. 120, § 1.

Reason for the complainant and the third party in good faith: 2 days. Art. 120, § 2º.

Losses of confiscated things: 90 days, unappealable, conviction. Art. 122.

Auction: 90 days, of the sentence, if not claimed, regardless of the condemnatory or absolute sentence. Art. 122.

CRIMINAL REVIEW

At any time. Art. 622.

Opinion of the attorney general’s office: 10 days. Art. 625, § 5º.

Examination of the file by the rapporteur and the reviewer: 10 days, for each one, successively. Art. 625, § 5º.

MENTAL HEALTH

Exam: 45 days. Art. 150, § 1.

SENTENCE

Request for explanation, if there is, in the sentence, obscurity, ambiguity, contradiction or omission: 2 days. Art. 382.

Science of the sentence, to the Public Ministry: 3 days. 390.

Science, by public notice, to the plaintiff or assistant, if none is found: 10 days. Art. 391.

Science, per edict, if the penalty is longer than 1 year: 90 days. Art. 392, § 1.

Science, by notice, in other cases: 60 days. Art. 392, § 1.

FOREIGN SENTENCES

Embargoes:
10 days if resident in the Federal District; 30 days if resident abroad. Art. 789, § 2º.

Defense, by appointed defender, if embargoes are absent: 10 days. Art. 789, § 3.

Contestation of embargoes by the attorney general: 10 days. Art. 789, § 5.

SEQUÜESTRO (of real estate)

At any stage of the process. Art. 127.

Survey of the kidnapping: if the criminal action is not brought in 60 days. Art. 131, I.

Kidnapping revocation: if the legal mortgage application process is not promoted within 15 days. Art. 136.

SUSPICION

Of the judge: response in 3 days. Art. 100.

Shipment of the case file to the court: 24 hours. Art. 100.

From the Public Ministry: production of evidence, in 3 days. 104.

CONDITIONAL SUSPENSION OF THE PENALTY (Treated in art. 156 to 163 of law 7210/84, which derogated from the CPP in this point)

2 to 4 years (art. 77, of the CP).

4 to 6 years, convicted over seventy years of age. (art. 77, second paragraph of the CP).
Notice for the appearance of the defendant, under penalty of the suspension of the sentence being null and void: 20 days. Art. 161, of Law 7210/84.

WITNESSES

Inquiry: 60 days in the ordinary ordinary procedure; 30 days in the summary common procedure; 90 days in the jury guilt summary procedure. (Laws 11689/2008 and 11,719 / 2008)

Revised and updated by Wesley Wadim Passos Ferreira de Souza – Federal Judge and Master in Law and Political Institutions by FUMEC

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