Decree No. 7648, Of 21 December 2011

Original Language Title: Decreto nº 7.648, de 21 de Dezembro de 2011

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DECREE N°-7648, of 21 DECEMBER 2011 Grants Christmas pardon and commutation of sentences, and other matters.
The President of the REPUBLIC, in exercise of the private jurisdiction which gives the art. 84, paragraph XII, of the Constitution, with a view to the manifestation of the National Council of Criminal and Penitentiary Policy, hosted by the Minister of State for Justice, and considering the tradition, on the occasion of the commemorative festivities of Christmas, to grant clemency to people convicted or subject to security measures and commute sentences of sentenced persons, D and C R E T A : Art. first is granted pardon to persons, domestic and foreign: I-condemned to custodial sentence not exceeding eight years, not replaced by restrictive of rights or a fine and not benefited with the conditional suspension of sentence which, until December 2011, 25 have met one-third of the sentence, if not repeat offenders, or half, if repeat offenders;
II-condemned to custodial sentence of more than eight years and not exceeding twelve years, for crimes practiced without serious threat or violence to person, until 25 December 2011, have met one-third of the sentence, if not repeat offenders, or half, if repeat offenders;
III-condemned to custodial sentence of more than eight years, until 25 December 2011, have completed 60 years of age and completed one-third of the sentence, if not repeat offenders, or half, if repeat offenders;
IV-condemned to deprivation of freedom, until December 2011, 25 have completed 70 years of age and completed a quarter, if not repeat offenders, or one-third, if repeat offenders;
V-condemned to deprivation of freedom, until 25 December 2011, have met, without interruption, fifteen years, if not repeat offenders, or twenty years if repeat offenders;
I saw him sentenced to custodial sentence of more than eight years, until 25 December 2011, have met in any scheme, one-third of the sentence, if not repeat offenders, or half, if repeat offenders, and have son or daughter under the age of eighteen years or with disabilities that need their care;
VII-condemned to custodial sentence not exceeding twelve years, since I have met two-fifths of the penalty, if not repeat offenders, or three-fifths, if repeat offenders and are serving time in semi-open or open regime and have already enjoyed, until 25 December 2011 at least five temporary outputs provided for in art. 122, combined with the art. 124 of law nº 7210 of 11 July 1984-Criminal law enforcement, or have rendered the field, at least twelve months during the three years counted backwards to 25 December 2011;
VIII-condemned to custodial sentence not exceeding twelve years, since I have met two-fifths of the penalty, if not repeat offenders, or three-fifths, if offenders are serving a sentence in the open or semi-open regime and who have attended course of junior high, high school, including vocational, higher, or retraining, in the form of art. 126, of the law of Criminal Execution for at least twelve months during the three years counted backwards to 25 December 2011;
IX-sentenced to the penalty of a fine, even if not paid in full, regardless of the enforceable judgment or phase in which applied cumulatively with custodial sentence served until 25 December 2011;
X-condemned: a) with paraplegia, tetraplegia or blindness, since such conditions are not earlier than practice of the offense and be proved by official medical report or, failing that, by a physician designated by the judgment of execution;
b) with paraplegia, tetraplegia or blindness, even if such conditions are prior to practice of the offense and be proved by official medical report or, failing that, by a physician designated by the judgment of the implementation, if resulting in severe activity limitation and participation restriction referred to in paragraph "c"; or c) with serious and permanent disease presenting severe activity limitation and participation restriction or require continuous care which cannot be provided in the penal establishment, since proven the hypothesis by official medical report or, failing that, by a physician designated by the judgment of the execution, in the history of the disease, if there is no opposition of the sentenced person;
XI-subjected to security measures, regardless of the termination of the danger that, until 25 December 2011, have endured deprivation of freedom, hospitalization or outpatient treatment for a period equal to or greater than the maximum and propriety to the criminal infraction penalty corresponding to the conduct committed or, in the case of replacement referred to in art. 183 of the Criminal Execution Act, for a period equal to the time of the conviction;
XII-condemned to custodial sentence, since replaced by restrictive penalty of law, in the form of art. 44 of Decree-Law No. 2848 of 7 December 1940-Penal Code, or benefited with the conditional suspension of sentence, who have met, even for conversion, deprived of their liberty, until 25 December 2011, a room, if not repeat offenders, or one-third, if repeat offenders;
XIII-condemned to custodial sentence under open or replaced by pity not involving deprivation of liberty in the form of art. 44 of the Penal Code, or benefited with the conditional suspension of sentence, who have met, arrested provisionally, until 25 December 2011, one-sixth of the sentence, if not repeat offenders, or one fifth, if repeat offenders;
XIV-condemned to custodial sentence, who are serving time in an open regime, or on parole, whose remaining feathers, in 25 December 2011, not exceeding eight years, if not repeat offenders, and to six years, if repeat offenders, provided they have served one quarter, if not repeat offenders, or one-third, if repeat offenders; and XV-convicted of crime against property, made without serious threat or violence to person, provided they have served one-sixth of the sentence, if not repeat offenders, or a room if repeat offenders, and repaired the damage until 25 December 2011, unless proven inability to do so.
Sole paragraph. The pardon that looks after this Decree does not extend to ancillary penalties provided for in Decree-Law No. 1001 of 21 October 1969-Military Penal Code, and effects of the conviction.
Art. 2 persons convicted to custodial sentence, not benefited with the conditional suspension of sentence which, until 25 December 2011, have met a room, if not repeat offenders, or one-third, if repeat offenders, and do not satisfy the requirements of this Decree to receive clemency, have commuted the penalty reminiscent of a room, if not repeat offenders, and a fifth If repeat offenders, passed on 25 December 2011.
§ 1 the calculation will be done about the period of sentence already served until 25 December 2011, if the period of sentence already served, discounted the previous switches, is higher than the remainder.
§ 2 the person honored by the previous switching will have their benefits calculated on the remainder of the sentence or period of sentence already served, under the heading and paragraph 1, without the need for new temporal requirement and without prejudice to the redemption provided for in art. 126 of the Penal Execution Law.
Art. 3rd In granting the pardon or commutation must, for the purposes of payment of the temporal requirement, be computed detração contemplated in art. 42 of the Penal Code and, when applicable, the art. 67 of the Military Penal Code, without prejudice to the redemption provided for in art. 126 of the Penal Execution Law.
Sole paragraph. The application of sanction for lack discipline of the gravest nature, under the law of Criminal Execution does not stop counting the time lapse to obtain the benefits provided for in this Decree.
Art. 4 the granting of the benefits provided under this Decree is subject to the lack of application of sanctions, approved by the competent judgment, guaranteed the right to adversarial and ample defense, lacking discipline of the gravest nature, foreseen in the Penal Execution Law, committed during the 12 months of compliance, counted backwards to the publication of this Decree.
(1) the practice of misconduct after the publication of this Decree or without proper verification in accordance with the caput shall not preclude the obtaining of benefits provided for in this Decree.
(2) the restrictions of this article does not apply to events contemplated in sections X and XI of the caput of the art. 1.
Art. 5 the benefits provided for in this Decree are applicable, though: I-the judgment has acquired the authority of a final decision for the prosecution, without prejudice to the trial the defence resource in higher instance;
II-there is no charge feature aimed at increasing the amount of the penalty or the conditions required for the grant of the pardon and commutation;
III-the sentenced person is on parole; or IV a sentenced person respond to another criminal case, even for one of the crimes referred to in object art. 8.
Art. 6 the delinquencies of the fine penalty, cumulated with custodial sentence, does not prevent the granting of pardon or commutation.
Art. 7 the penalties corresponding to various infractions should add, for the purpose of pardon and commutation, till 25 December 2011.
Sole paragraph. In the event of there being competition with crime described in art. 8, the convicted person will not be entitled to clemency or reprieve for the crime deterrent, while not fulfilling at least two-thirds of the sentence, corresponding to the crime deterrent benefits.
Art. 8th the benefits provided for in this Decree does not reach the sentenced persons:

I-for the crime of torture, terrorism or illicit drug trafficking, in accordance with the chapeau of article. 33, § 1°, and the arts. 34 to 37 of the law n° 11343, August 23 2006;
II-heinous crime, practiced after the edition of the Law No. 8072 of 25 July 1990; n° 8930, of 6 September 1994; n° 9695, of 20 August 1998; n° 11464, of 28 March 2007; and no. 12015, August 7 2009, observed, the subsequent amendments; or III-for crimes defined in the Military Penal Code that match the crimes referred to in items I and II, except when configured situation of drug use provisions of art. 290 of the Military Penal Code;
(1) the restrictions of this article and the sections I and II of the caput of the art. 1 shall not apply to the events contemplated in sections IX, X and XI and XII of the caput of the art. 1.
(2) the benefit provided for in item VI of the caput of the art. 1° does not reach people convicted of crime practiced with violence or serious threat against son or daughter.
Art. 9° To the grant of pardon and commutation of sentences is enough to fill the requirements laid down in this Decree.
Art. 10. The authority to guard the sentenced person and the organs of execution provided for in sections III to VIII of caput of the art. 61 of the law of Criminal Execution will, ex officio, to wit of the implementation, including through digital, the list of those who meet the requirements for the granting of the benefits set out in this Decree.
(1) The Ombudsman of the penitentiary system and the order of lawyers of Brazil may forward to the judgment on the execution list of the caput.
§ 2 the procedure provided for in the caput may be initiated ex officio, at the request of the person concerned, who represents it, or of his spouse or partner, relative or descendant, the public defender's Office, of the order of lawyers of Brazil, of the Public Ministry, the penitentiary Council, Community Council, the employers, the administrative authority, the Ombudsman of the penitentiary system, the Prison System's internal affairs or the doctor who watches the convict who fits in the situations provided for in sections X and XI the caput of the art. 1.
§ 3 the judgment of execution shall issue decision after hearing, in that order, the penitentiary Council, the prosecution and the defense, the first in the hypotheses contemplated excepted subheadings IX, X and XI of the caput of the art. 1.
§ 4 the manifestation of the penitentiary Council contemplated in paragraph 3 shall occur within fifteen days from the date of receipt, in the Protocol, to photocopy or digital copy of the record of the request for reprieve or pardon, enjoying this last priority assessment.
§ 5 going on stagecoaches or conversion request view, the period referred to in paragraph 4 shall be extended, for another 15 days, special and communicate the mind.
Art. 11. The central organ of the penitentiary administration will immediately copy of this Decree to units and prisons fill the statistical table provided in Annex model, and refer him, within six months of the date of publication of this Decree, the National Penitentiary Department of the Ministry of Justice.
§ 1° the National Penitentiary Department will keep posted, on your Web portal, statistical table, broken down by genre and federative unit, containing the information about the amount of people favored by this Decree.
§ 2° the compliance with the provisions in the caput shall be supervised by the National Council of Criminal and Penitentiary Policy and the National Penitentiary Department, and checked in the inspection or study opportunities of projects backed by National Penitentiary Fund-FUNPEN.
Art. 12. This Decree shall enter into force on the date of its publication.
Brasília, 21 December 2011; 190 of independence and 123 of the Republic.
ROUSSEFF José Eduardo Cardozo ANNEX

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