Post by account_disabled on Mar 6, 2024 4:12:08 GMT -5
The Federal Regional Court of the th Region granted Habeas Corpus to a defendant sentenced to pay bail of R$ within five days under penalty of preventive detention. Reason: he could not be found for the quote. The rapporteur federal judge Élcio Pinheiro de Castro accepted the arguments of the defense represented by lawyer Omar Tahan from the firm Tahan Nakumo Cruz dos Santos.
The understanding is that the summons letter which justified the sentence of preventive detention was not delivered. This is because the address where the document was taken was not the location reported as the office where the defendant usually works in Brazil — the party lives in Switzerland. “All means to locate the defendant were not exhausted as there were other addresses through which personal summons could be sought” stated the judge in the decision.
According to the records the Regional Prosecutor's Office BTC Number Data issued an opinion stating that it was not possible to assume that the accused was hiding to avoid receiving the summons as no attempt was made to locate him at all available addresses. “The authority appointed as coercer could not assume that the accused would not have been found at the address of the office that provides services to the defendant.”
The judge of the nd Federal Criminal Court of Curitiba in turn had not considered it necessary to send the letter of summons to Switzerland the defendant's permanent and known address or to his office in Brazilian territory which according to the records he visits regularly . “[The defense] intends to impose on the Court the burden of issuing a costly and timeconsuming request for international legal cooperation abroad while the accused has unequivocal knowledge of the process by his defender.”
Bail was the form chosen by the judge as an alternative measure to preventive detention of the accused. He stated that it could serve as compensation for damages in the event of a possible conviction. “It will also allow the accused to stop hiding from justice demanding summons abroad when it is known that he frequently comes to Brazil” he presumed. The judge ordered that the defendant be prohibited from leaving the country.
For Tahan the judge's decision was a way to try to bring all defendants into the process. The client is one of those accused of currency evasion and money laundering. “He cannot be punished for this. The judge should have dismembered the process” says the lawyer.
The understanding is that the summons letter which justified the sentence of preventive detention was not delivered. This is because the address where the document was taken was not the location reported as the office where the defendant usually works in Brazil — the party lives in Switzerland. “All means to locate the defendant were not exhausted as there were other addresses through which personal summons could be sought” stated the judge in the decision.
According to the records the Regional Prosecutor's Office BTC Number Data issued an opinion stating that it was not possible to assume that the accused was hiding to avoid receiving the summons as no attempt was made to locate him at all available addresses. “The authority appointed as coercer could not assume that the accused would not have been found at the address of the office that provides services to the defendant.”
The judge of the nd Federal Criminal Court of Curitiba in turn had not considered it necessary to send the letter of summons to Switzerland the defendant's permanent and known address or to his office in Brazilian territory which according to the records he visits regularly . “[The defense] intends to impose on the Court the burden of issuing a costly and timeconsuming request for international legal cooperation abroad while the accused has unequivocal knowledge of the process by his defender.”
Bail was the form chosen by the judge as an alternative measure to preventive detention of the accused. He stated that it could serve as compensation for damages in the event of a possible conviction. “It will also allow the accused to stop hiding from justice demanding summons abroad when it is known that he frequently comes to Brazil” he presumed. The judge ordered that the defendant be prohibited from leaving the country.
For Tahan the judge's decision was a way to try to bring all defendants into the process. The client is one of those accused of currency evasion and money laundering. “He cannot be punished for this. The judge should have dismembered the process” says the lawyer.