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

  1. 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.

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