The criminal forensic break, along with the timeframe specified in the Civil Procedure Code (CPC), takes place from December 20 to January 6, as set by legal and administrative regulations.
During this time, the courts pause their usual operations, halt deadlines, and focus only on urgent cases.
We will now examine the functioning of forensic recess in criminal cases, the immediate actions that can be assessed by the teams, and the occurrence of time constraints in criminal proceedings.
How does the process of criminal forensic recess operate?
During a criminal case recess, court activities are reduced and procedural deadlines are put on hold in accordance with the Criminal Procedure Code and other relevant laws.
During this period:
- Criminal procedural deadlines are paused between December 20 and January 20 as per Art. 798-A of the CPP.
- Urgent cases that cannot wait for the usual process are reviewed immediately by judicial officials on duty.
Constitutional rights, like freedom, remain a top priority for the courts during the criminal recess, with actions taken to address urgent risks of irreversible harm.
Legal foundation:
- Articles 798, section 1 and section 3, and Article 798-A of the CPP.
All deadlines under Article 798 of the CPP will proceed without interruption for holidays or Sundays.
The initial day will not be counted, but the final day will be included in the calculation.
The deadline that falls on a Sunday or holiday will be extended until the next business day.
The procedural deadline period specified in Art. 798-A of the CPP runs from December 20 to January 20, inclusive, with exceptions.
Involving incarcerated defendants in the procedures associated with their arrests.
In processes regulated by Law No. 11.340 of August 7, 2006 (known as the Maria da Penha Law).
III – in the necessary actions, as determined by a justified decision of the appropriate court.
During the specified period, hearings and trial sessions are not allowed except in certain circumstances outlined in the article.
What immediate actions can be sought in the criminal department?
Criminal courts handle cases that pose a direct threat to personal freedom of movement, physical well-being, or public safety.
Here are the primary actions that can be examined:
Habeas Corpus
- Legal foundation: Article 5, LXVIII of the Federal Constitution and articles 647 to 667 of the Criminal Procedure Code.
- Illegal imprisonment situations involve risks to freedom of movement or exceeding the term.
- Request to cancel an unjustified arrest or detention without valid reasons.
Revocation request for pretrial detention or precautionary measures
- Legal foundation: Articles 312 and 319 of the Criminal Procedure Code.
- New circumstances that warrant the cancellation of the imprisonment or ending of the original reason for the order.
- Requested when there is evidence indicating that the need for preventive detention is no longer justified.
Emergency protective measures
- Art. 22 of the Maria da Penha Law (Law No. 11.340/2006) provides the legal foundation.
- Aggressor detachment, contact prohibition, or other security measures are implemented to support the victim in certain situations.
- Immediate relocation of individuals facing imminent domestic violence.
Prison relaxation in an obvious manner
- Legal foundation: Article 310, Section I of the Code of Criminal Procedure.
- Instances: In cases where the prison is blatantly unlawful or there is a misuse of power.
- Example: Scenario in which the prison requirements were not adequately met.
Assessment of transformation in preventative prison communication.
- Art. 310, II of the CPP provides the legal foundation.
- Judicial oversight of obvious arrests to assess whether continued detention is necessary or should be eased.
Authorization for conducting searches, seizures, or interceptions
- Police operations that require judicial approval and cannot be delayed.
Periods in the criminal proceedings while court is not in session.
Deadline Suspension
Criminal procedural deadlines are paused from December 20th to January 20th, as stated in Art. 798-A of the CPP.
The count of days is paused until January 21 after the suspension period, without counting the days in between.
A practical illustration: A 10-day period commences on December 16.
- 16/12/2024 – Not included in the count (Article 798, §1, Criminal Procedure Code)
- December 17th, 18th, and 19th of the year 2024 – a period of 3 days
- 20/12/24 to 20/01/25 – Excluded from calculation according to Article 798-A of the Criminal Procedure Code.
- 21 to 27 January 1925 – 7 days
- End date: January 27, 2025 (Friday).
In cases with imprisoned defendants, deadlines are not suspended for applying the Maria da Penha Law or other urgent measures, as stated in Art. 798-A of the CPP.
Deadline Extensions
The deadline will be extended to the first working day if it falls during the forensic recess, as stated in Article 798, § 3, of the Criminal Procedure Code.
A 5-day running event concludes on December 20th.
The deadline has been extended to January 21 due to the difficulty of completing the task during the break.
Differences Summary:
| Suspension | Prorogation | |
| Counting period | Suspension from 20/12 to 20/01 | Extension of recess expiry. |
| Example | Count interrupted and resumed on 21/01. | Last day of the extended period to 21/01. |
Practical advice for attorneys during breaks in criminal cases
Criminal downtime necessitates being organized, quick, and focused on urgent scenarios.
Here are some suggestions to enhance your productivity and address the most pressing needs at this time:
Identify situations requiring immediate action.
- Focus on more severe situations such as cases related to freedom of movement, physical well-being, and high-risk scenarios involving vulnerable individuals like children and teenagers.
- Analyze each situation carefully to identify the urgency, documenting important facts and deadlines that need immediate action.
- Monitor various sources such as emails and official publications to stay informed and prevent unexpected events.
Arrange due dates
- Pre-recess preparation involves predicting the procedural timelines and determining actions that can be implemented prior to the recess, like following the petition and resource protocol.
- Set up a thorough schedule with deadlines that are put on hold and then resumed right after a break.
- Prepared resources should be kept on standby to address emergency situations, such as requests for temporary release or early protection.
Comprehensive and thorough documentation
- When requesting urgent action, provide evidence of the urgency by submitting documents like court orders, certificates, incident reports, or medical records.
- Review the documents before submitting to the plant to prevent the need for revisions and ensure they are clear and complete.
- Keep the planter informed with the most recent updates on the case for a swift understanding of the situation.
Contact with a legal facility
- Check the phones, emails, or electronic systems utilized by the judicial branch in your area before contacting.
- Identifying the appropriate court or personnel for each request is crucial, particularly in cases involving State, Federal, or Military Justice.
- Be mindful of timetables: Familiarize yourself with the operating hours and planting guidelines to prevent any delays or untimely procedures.
Office administration during break time
- Ensure that all office staff are aware of how to recognize and pass on urgent requests.
- Establishing an internal system for screening and support during recess days is part of the in-call routine.
- Use technology as a tool to track deadlines and interact with clients and courts by employing process and application management systems.
Customer interaction
- Prioritize guiding customers on the restrictions of the break and procedures for handling emergencies.
- Clarify the postponed deadlines and measures implemented clearly to prevent communication confusion.
- Ensure that there is always a means of contact available for emergencies, such as a designated phone number or email address for urgent requests.
Prioritize both your well-being and efficiency.
- Avoid overwhelming yourself: even during emergencies, schedule break times and assign tasks to others whenever feasible.
- Dealing with serious cases during recess can be emotionally taxing, so it’s important to seek support when needed.
- Study important topics or attend brief events during this time if your workload permits.
By following these methods, you can effectively and strategically respond to emergencies, providing prompt and high-quality assistance to your clients in urgent scenarios.
The lawyer’s function in the criminal forensic break.
During the criminal forensic recess, the usual tasks of the legal system are halted to provide a break for professionals in the field.
Judicial teams persist in addressing pressing needs, particularly those related to safeguarding basic rights.
The lawyer plays a crucial role in ensuring that constitutional rights like freedom and fair legal procedures are upheld.
He is responsible for understanding the specific rules of break time, the deadlines involved, and the necessary actions to strategically and effectively respond, even in unusual circumstances.
The lawyer ensures the continuation of essential actions, such as habeas corpus requests and urgent demands, by comprehending plantation dynamics and being ready to handle delicate situations, thereby demonstrating their dedication to justice and safeguarding their clients’ rights.
Be sure to also review the piece about Forensic Recess in the Code of Civil Procedure, which covers regulations, immediate actions, and time management.
How does the process of criminal forensic recess function?
During the break in the criminal case, court activities are decreased and procedural deadlines are paused in accordance with the Criminal Procedure Code (CPP) and other relevant laws.
Criminal procedural deadlines are paused between December 20 and January 20, as stated in Art. 798-A of the CPP.
Urgent cases that cannot wait for the normal process to resume are handled promptly by the judicial system.
What immediate actions can be sought in the criminal division?
Habeas Corpus is a legal remedy provided in the Constitution and Criminal Procedure Code, allowing for the release of individuals held in custody. It also includes measures for revoking preventive or various imprisonment orders, as well as protective measures under the Maria da Penha Law.
How is the time restriction calculated in criminal proceedings while the forensic break is ongoing?
Criminal procedural deadlines are put on hold from December 20 to January 20, as specified in Art. 798-A of the CPP. During this time, days are not considered, and counting resumes on January 21.
