d KEEP LISTENING FOR SPECIAL INTERVIEW

"Id KEEP LISTENING FOR SPECIAL INTERVIEW

        The 5th Chamber of the Criminal Law Court of São Paulo kept the District of São Caetano do Sul determined that new hearing of rape victim by special decision listens .
        On the record that the victim - with mental disabilities - has changed his version of events during testimony in court . His lawyer argued that the change occurred because the young woman would have been compelled to lie and asked the magistrate to be heard again by special listening .
        In particular victim testimony is heard in rooms equipped with TV , video recorder, stereo to capture audio and phone. The technical staff ( psychologists and social workers ) conducts the interviews in interaction with the judge , prosecutor and defender , who are in another room .
        To try to annul the decision of the magistrate determined that the new oral testimony of the victim , the lawyer of the accused filed a partial correição in Nbr , but the request was denied flap 5th House.
        The rapporteur of the case, Judge Gerard Francisco Pinheiro Franco, the fact of the special listening does not appear in the Code of Criminal Procedure - as stated by the defendant's attorney - does not preclude its application. " Although this mode of inquiry is not expressly provided in penal legislation homeland, is in line with the Constitution and the international conventions ratified by Brazil . Moreover , there is no need for the evidence exhaustively be provided by law, as it can only be considered if it is unlawful or prohibited by tumultuous or offend the adversarial system and ample defense , "he concluded .
        The decision , unanimous , with the participation of judges Juvenal Duarte and José Pinheiro Machado Damian Cogan . "

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12/05/2013