Decree No. 4904, 1 December 2003

Original Language Title: Decreto nº 4.904, de 1º de Dezembro de 2003

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Decree No. 4904 DECEMBER 1, 2003.
Grants conditional pardon, commutation and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that 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 of granting, on the occasion of the commemorative festivities of Christmas pardon to convicted in position to earn it, providing you with the opportunity to return to living in society, main objective of penal sanction, DECREES :
Art. first conditional pardon is granted to: (I)-sentenced to custodial sentence not exceeding six years, until 25 December 2003, has served one-third of the sentence, if not repeat offender, or half, if a repeat offender;
II-sentenced to custodial sentence of more than six years, until 25 December 2003, has completed 60 years of age and completed one-third of the sentence, if not repeat offender, or half, if a repeat offender;
III-sentenced to deprivation of freedom, until 25 December 2003, has met in closed or semi-open regime, without interruption, fifteen years, if not a repeat offender, or twenty years, if a repeat offender;
IV-sentenced to deprivation of liberty to be: a paraplegic, quadriplegic or carrier) of total blindness, since such conditions are not earlier than practice Act proven by official medical report or, failing that, by two doctors, appointed by the Judgment of execution;
b) affected, cumulatively, of serious illness, permanent, showing severe disability, with severe activity limitation and participation restriction, requiring continuous care, proven by official medical report or, failing that, by two doctors, appointed by the Judgment of the execution, in the history of the disease, provided there are no opposition benefited kept the right to assistance pursuant to art. 196 of the Constitution.
§ 1 For the convicted of felonies committed with violence or serious threat to the person, the grant of pardon shall be subject: (I)-the finding of absence of serious misconduct in the last twenty-four months, counted backwards from the publication of this Decree to the Court ruling; and II-the evaluation by the judge, a decision motivated, the existence of favourable circumstances to grant.
§ 2 the pardon that looks after this Decree does not extend to ancillary penalties provided for in the Military Penal Code and effects of the conviction.
Art. 2nd the convict who, until 25 December 2003, has fulfilled a room, if not a repeat offender, or a third, if a repeat offender and does not fulfil the requirements of this Decree to receive pardon have commuted the penalty reminiscent of a room, if not a repeat offender, and a fifth, if a repeat offender.
Sole paragraph. The award-winning by switching your benefit will be calculated earlier about the remainder of the sentence on December 25 2003, without prejudice to the redemption pursuant to art. 126 of the law on the 7210, of 11 July 1984.
Art. 3 Are also requirements for granting the pardon and commutation to convicted: I-has not undergone disciplinary action for misconduct, practiced in the last 12 months of the completion of the sentence, ascertained in the form of art. 59 et seq. of law No. 7210, 1984, counting retroactively from the date of publication of this Decree, computed detração contemplated in art. 42 of the Penal Code, and, in the case of crime practiced with violence or serious threat against the person, the temporal measurement extends to last twenty-four months; and II-is not being prosecuted for other crimes practiced with violence or serious threat against the person, except for the criminal offences of lower offensive potential, or those described in art. 7 of this Decree.
Art. 4 the benefits referred to in this Decree shall apply even if: i. the enforceable judgment has become final only for the charge, without prejudice to the trial the defence resource in higher instance; or II-there is no charge feature aimed at increasing the amount of the penalty or the conditions for granting the pardon and commutation.
Art. 5 default of fine penalty does not prevent the granting of pardon or commutation.
Art. 6 the penalties corresponding to various infractions should added for effect of pardon and commutation.
Sole paragraph. In the event of there being competition with infringement described in art. 7, the convicted will not be entitled to clemency or commutation as does not meet, in full, the penalty corresponding to the crime deterrent benefits (art. 76 of the Penal Code).
Art. 7 the benefits provided for in this Decree does not reach the doomed: I-for the crime of torture, terrorism or illicit trafficking of narcotics and related drugs;
II-convicted of heinous crime, practiced after the edition of the law No. 8072 of 25 July 1990, subject to subsequent amendments;
III-for crimes defined in the criminal code that correspond to the events contemplated in items I and II of this article.
Sole paragraph. The restrictions of this article, paragraph 1 of art. 1 and art. 3 of this Decree shall not apply to events contemplated in item IV of the art. 1.
Art. 8 the authority to guard the sentenced and the penitentiary Council will the Judgment of executing an indication of those which meet the requirements for the granting of the benefits provided for in this Decree, within 30 days of its publication.
(1) the procedure referred to in the caput of this article may be initiated ex officio, at the request of the person concerned, who represents it, to your spouse, relative or descendant, of the Public Ministry, the penitentiary Council, the management authority and the doctor who watches the convict who fits in the situations provided for in art. First, subparagraph IV.
(2) the Judgment shall issue execution decision hearing the penitentiary Council, the prosecution and the defense.
Art. 9 Improve the pardon after twenty-four months from the date of dispatch of the term of art. 11, and the beneficiary, within that period, maintain good behaviour and not be indicted or prosecuted for a felony offense, except for penal infractions of lower offensive potential.
(1) if the beneficiary were to be prosecuted for a felony offense, practiced during the period referred to in the caput of this article shall be considered extended the period for the perfection of reprieve, until the final judgement of the process.
paragraph 2 shall not preclude the refinement of the pardon decision of acquittal or excess judgment of resulting in restrictive pens only.
Art. 10. Upon expiry of the period provided for in art. 9 and the requirements of the benefit, the Judge, heard the penitentiary Council and the Prosecutor and the defence, shall declare the penalty involving deprivation of liberty.
Sole paragraph. The breach of the conditions contemplated in art. 9 makes void the conditional pardon, returning the beneficiary of the regime it was at the time of granting of liberty, deleted, for recalculation, the term noise within the limits of the same article.
Art. 11. The Chairman of the penitentiary Council or authority responsible for the custody of the prisoner, after the sentence concessiva of accepted by the interested, will, in a solemn ceremony, to the conditions laid down by this Decree, placing him on probation, all tilling, in a proper book, term., a copy of which will be forwarded to the Judgment of Criminal Execution, indulging another beneficiary.
Art. 12. The Central penitentiary administration bodies shall complete the statistical table, in accordance with the Annex to this Decree, and shall forward it, until 31 March 2004, the National Penitentiary Department of the National Secretariat of Justice of the Ministry of Justice.
Sole paragraph. The provisions of this article shall be monitored 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. 13. This Decree shall enter into force on the date of its publication.
Brasília, December 1, 2003; 182 of independence and 115 of the Republic.
LUIZ INACIO LULA DA SILVA Marcio Thomaz Bastos

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