The Federal Court (STF) will have to decide whether or not the judge can sentence the accused in a criminal case in the absence of the public prosecutor. The speaker of the action is Minister Edson Fachin.
The case was presented on Monday 29th by the National Association of Criminal Law (Anacrim). The organization maintains that there is no room for conviction when there is an opinion from the public prosecution in favor of acquittal.
The Code of Criminal Procedure (CPP), in force since 1941, establishes that the judge “can issue a sentence, even if the Public Prosecutor has opted for acquittal, as well as recognize aggravating circumstances, even if none have been alleged”.
For Anacrim the CPP section has an “inquisitorial bias” incompatible with the Constitution. “If the judge convicts despite the Prosecutor’s Office having requested acquittal, he does so as an inquisitor, violating the accusatory system, due process and cross-examination”, reads an extract of the request.
Criminal lawyers argue that the judge cannot decide “beyond what is required” in the trial.
“Admitting that a judge can convict when the prosecution requests acquittal is admitting the participation in the trial of a judge who bases his decision beyond the limits deduced by the party, based on his own beliefs as an expression of his will”, they continue.
There is no date for the judgment of the action. Fachin will still have to request opinions from the Attorney General’s Office (AGU) and the Attorney General’s Office (PGR) before analyzing the requests.
Source: Terra
Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.
