OAB Bar Exam (Exame de Ordem), First Phase · Criminal Law and Procedure

Criminal Procedure

41 practice questions, each with the answer and an explanation.

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Random questions from this topic, one at a time. You see the answer and the explanation straight after each one.

All 41 questions

  1. What is the deadline for concluding the police inquiry when the suspect is held in custody under Article 10 of the Criminal Procedure Code?
  2. What is the deadline for concluding the police inquiry when the suspect is not in custody (Article 10)?
  3. What is the deadline to file a denúncia when the defendant is in custody under Article 46 of the Criminal Procedure Code?
  4. Which requirement is mandatory for preventive detention (prisão preventiva) under Article 312 of the Criminal Procedure Code?
  5. 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)?
  6. Which pair correctly gives the periods of temporary detention (prisão temporária): ordinary crimes and heinous crimes?
  7. What is the effect of illegal evidence under Article 5, LVI of the Constitution and Article 157 of the Criminal Procedure Code?
  8. Which is the general rule of territorial jurisdiction under Article 70 of the Criminal Procedure Code?
  9. What is the term for the defendant's written answer (resposta à acusação) under Article 396 of the Criminal Procedure Code?
  10. What is the term to file an apelação in a criminal case under Article 593 of the Criminal Procedure Code?
  11. What is the term for embargos de declaração in a criminal case under Article 619 of the Criminal Procedure Code?
  12. What is the main condition for an agreement of non-prosecution (acordo de não persecução penal, Article 28-A of the Criminal Procedure Code)?
  13. Who is considered to be in flagrante delito under Article 302 of the Criminal Procedure Code?
  14. Which principle of the jury (Article 5, XXXVIII of the Constitution) prevents a judge from overturning the merits of the jurors' verdict?
  15. Which authority conducts the police inquiry (inquérito policial)?
  16. Who may file a habeas corpus?
  17. To whom is the transação penal offered, under Law 9.099/1995?
  18. Which institute allows the suspension of the criminal process under Article 89 of Law 9.099/1995?
  19. What must the judge do if the accused has no lawyer, according to Article 261 of the Criminal Procedure Code?
  20. The accused is cited by edital, does not appear and does not appoint a lawyer. What does Article 366 of the Criminal Procedure Code provide?
  21. Who holds the privative power to bring public criminal action under Article 129, I of the Constitution?
  22. Which crimes are judged by the Jury (Tribunal do Júri)?
  23. Who files the criminal action in public crimes?
  24. Who may file a habeas corpus petition?
  25. What is the deadline to conclude the police investigation when the suspect is in custody?
  26. What is the deadline for the victim to file a queixa-crime in private criminal actions?
  27. How many jurors form the Council of Sentence in the Brazilian jury?
  28. Which of these is a requirement for pre-trial detention (prisão preventiva)?
  29. What is the deadline for an appeal (apelação) in criminal procedure?
  30. Which kind of appeal may be filed against a decision that rejects the complaint, in criminal procedure?
  31. What is a revisão criminal?
  32. Who conducts the police investigation (inquérito policial)?
  33. What is the main purpose of an audiência de custódia?
  34. Which law applies to infractions of minor offensive potential with maximum penalty up to 2 years?
  35. What is the deadline for the prosecutor to file the denúncia when the defendant is in custody?
  36. Which benefit may be offered by the prosecutor in crimes with a minimum penalty of up to one year (Article 89 of Law 9.099)?
  37. Under Article 17 of the Brazilian Criminal Procedure Code, may the police authority (delegado) order a police inquiry to be archived?
  38. In a public criminal action that depends on the victim's representation, until when may the victim withdraw it under Article 25 of the Brazilian Criminal Procedure Code?
  39. The Ministério Público does not file a denúncia, ask for more investigation or ask for archiving within the legal deadline. What may the victim do under Article 29 of the Brazilian Criminal Procedure…
  40. Under Article 155 of the Brazilian Criminal Procedure Code, may a judge convict a defendant based only on information gathered in the police inquiry?
  41. The facts described in the denúncia are proved exactly as written, but the prosecutor gave them the wrong legal classification. Under Article 383 of the Brazilian Criminal Procedure Code (emendatio li…

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