Under Article 155 of the Brazilian Criminal Procedure Code, may a judge convict a defendant based only on information gathered in the police inquiry?
Answer and explanation
Correct answer: C. No, except for precautionary, non-repeatable and anticipated evidence
- Step 1: Article 155 says the judge forms a conviction from evidence produced in adversarial proceedings. Step 2. He cannot base the decision only on information from the investigation, except for precautionary, non-repeatable and anticipated evidence. Answer: No, except for precautionary, non-repeatable and anticipated evidence. Why not the others: Information from the inquiry is not produced with the full adversarial process, so it does not equal trial evidence, a confession to the police alone does not change this, and the inquiry may still be used together with other evidence.
Practise more Criminal Procedure.
Free questions with an explanation for every one, and full timed OAB Bar Exam (Exame de Ordem), First Phase mock tests.
More Criminal Procedure questions
- What is the deadline for concluding the police inquiry when the suspect is held in custody under Article 10 of the Criminal Procedure Code?
- What is the deadline for concluding the police inquiry when the suspect is not in custody (Article 10)?
- What is the deadline to file a denúncia when the defendant is in custody under Article 46 of the Criminal Procedure Code?
- Which requirement is mandatory for preventive detention (prisão preventiva) under Article 312 of the Criminal Procedure Code?
- A person is arrested in flagrante delito. Within what time must he be brought before a judge at the custody hearing (Article 310 of the Crim…
- Which pair correctly gives the periods of temporary detention (prisão temporária): ordinary crimes and heinous crimes?