Post by anik4600 on Feb 27, 2024 0:47:34 GMT -5
The provision guarantees the defendant, in actions of this type, the right to be questioned about the facts of the action and stipulates that refusal or silence do not imply confession. According to the defendant, the wording of the paragraph in question began to treat the hearing of the accused also as a means of defense, which brought it closer to the interrogation in criminal proceedings (instead of personal testimony in civil proceedings). Still according to his argument, by providing for the right of the accused not to produce evidence against him, the law reinforced the criminal nature of the action of administrative improbity and began to treat him as a defendant. Therefore, according to the principles of the Constitution and the Code of Criminal Procedure, the interrogation of the defendant should only be carried out at the end of the investigation.
Therefore, the author of the request , after hearing witnesses for the prosecution and defense. The request was denied at first instance. The Public Finance Court of Colorado (PR) was based on the Code of Civil Procedure, according to which witnesses must be he Venezuela Mobile Number List ard after the defendant. The court argued that the imposition of sanctions for misconduct must follow the common CPC procedure, except in the cases provided for in the LIA, as stated in the law itself. In other words, an express provision for reversing the order stipulated by the CPC would be necessary. Even so, according to Maria Aparecida, if the defendant's request were denied outright and, later, the TJ-PR decided to accept it, it would be necessary to cancel part or all of the instruction hearing, "an effect that would certainly be deleterious to the process and in contrary to the principles of procedural speed and economy".
On the other hand, there would be no harm in waiting for the final assessment of the issue by the panel, "so that the dispute can be resolved, with a greater degree of reliability and security in the legal conclusion to be reached". The author of the request to change the hearing order is represented by lawyers Anderson Alarcon and Guilherme Barcelos , from Barcelos Alarcon Advogados.Judge recognizes privileged trafficking of defendant who kept 1 kg of cocaine at home José Higidio March 11, 23, 4:17 pm Criminal As the defendant was a first-time offender, with a good record.
Therefore, the author of the request , after hearing witnesses for the prosecution and defense. The request was denied at first instance. The Public Finance Court of Colorado (PR) was based on the Code of Civil Procedure, according to which witnesses must be he Venezuela Mobile Number List ard after the defendant. The court argued that the imposition of sanctions for misconduct must follow the common CPC procedure, except in the cases provided for in the LIA, as stated in the law itself. In other words, an express provision for reversing the order stipulated by the CPC would be necessary. Even so, according to Maria Aparecida, if the defendant's request were denied outright and, later, the TJ-PR decided to accept it, it would be necessary to cancel part or all of the instruction hearing, "an effect that would certainly be deleterious to the process and in contrary to the principles of procedural speed and economy".
On the other hand, there would be no harm in waiting for the final assessment of the issue by the panel, "so that the dispute can be resolved, with a greater degree of reliability and security in the legal conclusion to be reached". The author of the request to change the hearing order is represented by lawyers Anderson Alarcon and Guilherme Barcelos , from Barcelos Alarcon Advogados.Judge recognizes privileged trafficking of defendant who kept 1 kg of cocaine at home José Higidio March 11, 23, 4:17 pm Criminal As the defendant was a first-time offender, with a good record.