Post by anik4400 on Feb 22, 2024 7:26:37 GMT
Furthermore, the courts were asked to use the visual identity developed for the "Register!" program. in publicizing the action, material already available on the CNJ Portal. The third virtual meeting to prepare for the national week has already been scheduled: April 4th. With information from the CNJ press office.The Code of Criminal Procedure does not authorize personal searches carried out as a "routine" or "practice" of overt policing, with preventive purposes and exploratory motivation, but only searches with evidentiary purposes and related motivation. reproduction Reproduction São Paulo court decides to block the action due to the illegal police approach Based on this understanding, the 12th Chamber of Criminal Law of the Court of Justice of São Paulo determined the suspension of criminal proceedings against a man accused of drug trafficking due to the lack of just cause in the criminal prosecution, due to the nullity of the arrest in the act.
The collegiate also ordered the release of prison. According to the records, the man was detained in the act after an approach by the Military Police. The agents allegedly approached the accused on the street and then went to his house, where they found drugs. He was denounced and became a defendant for trafficking. In a request for Habeas Corpus, the defense maintained that the police appr Vietnam WhatsApp Number oach was unlawful and unmotivated. The rapporteur, judge Heitor Donizete de Oliveira, agreed with the defensive thesis and pointed out "frank and clear" illegality at the origin of the patient's arrest, "through a police approach without any suspicion or prior motivation, in a true exploratory search ( fishing expeditions ) by the police ", deciding to relax the act and suspend the criminal action. According to the rapporteur, although the materiality of the crime is demonstrated in the records, the evidence produced is riddled with initial illegality and, therefore, cannot be used to support a preventive arrest, or even an arrest in the act.
He also cited some points that confirm the "illegal and unmotivated" police approach to the patient. "The police officers did not mention any suspicious attitude on the part of the patient that would give rise to even the slightest distrust of his actions; the mention of 'anonymous complaints' appeared after the aforementioned approach, and, even if they existed, alone, they would no longer be a satisfactory and sufficient reason for a police approach; the patient remained silent before the police authority, however, heard at the custody hearing, even though he provided a version with the intention of getting rid of the accusation of drug trafficking, he indicated that his approach was not motivated by any suspicion. " For the judge, the main point that weakens the defendant's arrest in the act is in the military police officers' own statements and in the absence of any indication of an act or fact that motivated the initial approach. In this scenario, he highlighted the unnecessary assessment of police acts following such an approach. "Now, this situation, with due respect, greatly weakens the version that would lead to recognition of the legality of the initial police action.
The collegiate also ordered the release of prison. According to the records, the man was detained in the act after an approach by the Military Police. The agents allegedly approached the accused on the street and then went to his house, where they found drugs. He was denounced and became a defendant for trafficking. In a request for Habeas Corpus, the defense maintained that the police appr Vietnam WhatsApp Number oach was unlawful and unmotivated. The rapporteur, judge Heitor Donizete de Oliveira, agreed with the defensive thesis and pointed out "frank and clear" illegality at the origin of the patient's arrest, "through a police approach without any suspicion or prior motivation, in a true exploratory search ( fishing expeditions ) by the police ", deciding to relax the act and suspend the criminal action. According to the rapporteur, although the materiality of the crime is demonstrated in the records, the evidence produced is riddled with initial illegality and, therefore, cannot be used to support a preventive arrest, or even an arrest in the act.
He also cited some points that confirm the "illegal and unmotivated" police approach to the patient. "The police officers did not mention any suspicious attitude on the part of the patient that would give rise to even the slightest distrust of his actions; the mention of 'anonymous complaints' appeared after the aforementioned approach, and, even if they existed, alone, they would no longer be a satisfactory and sufficient reason for a police approach; the patient remained silent before the police authority, however, heard at the custody hearing, even though he provided a version with the intention of getting rid of the accusation of drug trafficking, he indicated that his approach was not motivated by any suspicion. " For the judge, the main point that weakens the defendant's arrest in the act is in the military police officers' own statements and in the absence of any indication of an act or fact that motivated the initial approach. In this scenario, he highlighted the unnecessary assessment of police acts following such an approach. "Now, this situation, with due respect, greatly weakens the version that would lead to recognition of the legality of the initial police action.