Currently, the Code of Criminal Procedure considers anyone who has just committed or is persecuted immediately after an infraction to be a flagrant crime.
The CCJ (Constitution and Justice Commission) approved on Wednesday (June 12, 2024), in a final decision, a project that considers the theft of an object that is tracked in real time to be a flagrant crime, as long as it is possible to monitor its location .
The PL (bill) 5,073 of 2019from the senator Marcos Rogério (PL-RO), received a favorable opinion from senator Flavio Bolsonaro (PL-RJ) and, if there is no appeal for a plenary vote, it will be sent to the Chamber for analysis.
Currently, the Code of Criminal Procedure considers anyone who is committing, has just committed or is persecuted immediately after committing an infraction to be a flagrant crime; or whoever is found shortly after having committed the offense with incriminating instruments, weapons, objects or papers. The project adds to this list the real-time tracking situation of the stolen object.
According to Marcos Rogério, the act is characterized by the visibility of the crime and aims to allow the crime to be interrupted and the authorities to act.
“If you are able to monitor where the equipment is and you follow its path, this device is capable of determining, at the time of the criminal’s arrest, the state of being in the act. This is the case with vehicles. You have a stolen vehicle and there is a monitoring and traceability system there. He has the same condition”said Marcos Rogério.
With the advancement of technology, the possibility of tracking automobiles and cell phones has emerged. In this hypothesis, as Marcos Rogério argued, the state of flagrancy remains, since the good and, consequently, the criminal continue to be persecuted using technological instruments.
For Flávio Bolsonaro, who voted in favor, this is a necessary update to the legislation.
“The legislator must be attentive to society’s advances in order to update the current legal system whenever necessary. When the Criminal Procedure Code was published, tracking stolen goods in real time was unimaginable”said Flávio Bolsonaro.
With information from Senate Agency.
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