Which requirement is mandatory for preventive detention (prisão preventiva) under Article 312 of the Criminal Procedure Code?
Answer and explanation
Correct answer: A. Proof of the crime and sufficient indication of authorship
- Step 1: Article 312 requires the fumus commissi delicti: proof of the crime and indication of authorship. Step 2. It also requires a danger created by the suspect's liberty, such as to public order or to the application of the criminal law. Answer: Proof of the crime and sufficient indication of authorship. Why not the others: a conviction, a confession or a victim's request are not required by the article.
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