The Chamber of Deputies approved this Wednesday (26) Bill (PL) 4333/25, which increases the period of temporary detention from 5 to 15 days. 
The proposal, which will be sent to the Senate for analysis, also amends the Criminal Procedure Code to provide that offenders who violate the electronic ankle bracelet rules will be referred to the Judiciary. The judicial authority will have 24 hours after hearing the Public Prosecutor’s Office and the defense to decide on the regression of the sentence serving regime. Currently, the Criminal Execution Law does not establish a deadline for the judge to decide on regime regression.
The project also defines a 48-hour deadline for the judge to decide on a change of regime in cases where the prisoner commits an act defined as an intentional crime or serious misconduct; or if the person sentenced to an open regime fails to pay the fine imposed and has the resources to pay it off. The deadline will be applied after communication of the fact by the Public Prosecutor’s Office or police chief.
Arrest in the act
The text provides for another case of arrest in the act. Currently, the Criminal Procedure Code determines the arrest in the act of anyone who
- Being caught in the act of a criminal offense
- Finish committing the crime
- Is persecuted immediately after the act, if the situation allows for the presumption of authorship of the crime
- Found shortly after the act, with instruments, weapons, objects or papers that suggest responsibility for the offense
With the change, arrest in the act will be considered when the suspect is located shortly after having been identified as the author of an intentional crime, carried out with violence or serious threat to the person, when there is objective and contemporary evidence that indicates, without a doubt, that he is the author of the crime and there is a concrete and current risk of escape.
In relation to the custody hearing, when the judge receives the case and hears the accused, the text determines that the acts carried out at that time must be documented and attached to the process to be used in the investigation of the crime.
* With information from Agência Câmara
