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 Criminal Procedure Code)?
Answer and explanation
Correct answer: D. Within twenty-four hours of the arrest
- Step 1: Article 310, as amended by Law 13.964/2019, requires the custody hearing within twenty-four hours. Step 2. The judge then decides whether to release, grant provisional liberty or convert the arrest. Answer: Within twenty-four hours of the arrest. Why not the others: forty-eight hours, five days and ten days are longer than the legal limit.
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