Revocability of Art 247 of the Cpp (e-book) (used book) | bookbook.eu

Description

Article 247 of the Code of Criminal Procedure, as amended by Law 1173, establishes the grounds for revocation. The revocation operates at the substantiated request of the prosecutor or the victim, even if the latter has not become a plaintiff, when it is proven without any other formality that: "1. the accused fails to comply with any of the obligations imposed; 2. it is proven that the accused carries out preparatory acts of escape or obstruction of the investigation of the truth; or, 3. the accused fails to comply with any of the special protection measures in cases of violence against children and adolescents". According to the spirit of the reform, the measure may even be replaced by a more serious one, including preventive detention when appropriate. As can be seen with the modification made to Law 1173, the revocation also operates when the special protection measures for cases of violence against children and adolescents are not complied with. However, due to the importance of the situation, the revocation will be resolved in a public hearing, in accordance with the rules of article 113 of the Code of Criminal Procedure.