Amends The Code Of Criminal Procedure, With Regard To Notifications To The Person Deprived Of Liberty


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"Sole article.-Introducense in the code of criminal procedure the following modifications: 1.-replacements second and third subparagraphs of article 66, by the following:"notifications to the deprived of freedom that does not have a defender or representative in the respective process, must be personally on the premises where it finds it held. " The clerk of the Court shall notify the charge of this enclosure, immediately and for the most rapid possible, the name of the detainee or prisoner, the number of the process date, the issued resolution. This official shall communicate this decision to the detained without delay, management of which notice to the Secretary of the respective court. The Secretary will leave testimony during proceedings conducted pursuant to this subsection, with mention of the date they were, the individualization of the Manager of the site that received the communication and the fact that it has practiced the notification.

Deprived of freedom that does not have a defender or legal representative in the process, may deduct verbally appeal which proceeded in the same Act of notification. Charge of the premises must report this fact to the Secretary of the Court, immediately and by the fastest means possible. This will leave this testimony in the record. Granted the appeal, will add cars to the respective Court of appeals.

For persons deprived of liberty who have Defender or representative in the process, the resolutions must be notified only those representatives. Notifications shall be made by the State newspaper, except that I'll try the auto processing, the accusatory auto or the final judgment of first instance, all of which shall be notified by order. Without limiting the foregoing, the resolution to deny freedom, which prosecutes the accused, the accusatory auto, judgment final of first instance and the component of the second sentence instance must, moreover, be notified personally to the detainee or prisoner in the way established in the preceding paragraphs. Resources that are applicable should be brought by the Ombudsman or representative, counting deadlines for its interposition from the date of notification to these. In any case, the appeal of the decision to deny freedom and of the final sentence of first instance, it may be inferred by the very act of just aforementioned personal notification processing.

The provisions of this article shall apply even if the place of detention will not find within the jurisdictional territory of the Court which has given judgment to be notified.

The rules shall lay down the way in which responsible for the enclosure or penitentiary will be compliance obligations imposed in this article. "."

2. merge the following 66 bis, new article: "article 66 bis.-not however established in the preceding article, the judge may order, founded resolution and exceptionally, notification of those resolutions that need to communicate personally to the deprived of freedom is practiced by the Secretary in the grounds of the Court."

In any case, if the detainee or prisoner is find in the grounds of the Court at the time of the decision, this must be notified immediately by the Secretary, applying in other provisions of the preceding article. "."

3. replace article 276, by the following: "Article 276.-resolution submitted to process the accused shall be notified to the deprived of freedom in the way established in article 66."

If processing will find in freedom and any agent or representative in the process, will be notified to it by order. Don't have it, the Court contents 14(bis) will provide measures for their earliest personal notification. "."

4. replace article 498 by the following: ' article 498-expiration of the probationary term, Secretary, ex officio, shall certify this fact. ".

5 replace first Article 499, paragraph with the following: "Article 499-carried out the certification required in the preceding article, the Minister, without delay, will present cars to the judge, who, within the fatal period of six days, will examine them to see if any diligence of importance has been omitted.".

6 article 505, replace by the following: ' article 505.-the Court of first instance and the second component shall be notified to the deprived of freedom, in the way established in article 66. "

It will be notified processing that finds free, personally the judgment of first instance even if any advocate or representative in the process. The Court shall take appropriate measures to make the notification as soon as. The time limit for appeal from the judgment will be calculated from the date of this notice.

Which practice the notification of the judgment of first instance shall deliver to the processing unabridged copy of the decision and, if this is illiterate, must fully read the ruling. In addition, you inform you about your right to appeal in the Act and, if so done it, she must record it in the minutes of notification. The accused not be declared as with failure in this Act, and can always make reservation of his right to appeal.

The component of the judgment of second instance may be notified personally to the convicted person that is find release or by order, his counsel or legal representative, either. In the first case, together with notify the component, it will give the condemned unabridged copy of the judgment of second instance, Dante, also read you in the event of being illiterate. Finally, you will be informed that the sentence is enforceable and that not be recourse against. ".".