The forensic recess for criminal cases, as well as the duration specified by the Civil Procedure Code (CPC), takes place from December 20 to January 6, based on legal and administrative rulings.
During this time, courts halt their usual operations, postpone deadlines, and focus only on urgent cases.
We will now examine how forensic recess functions in the realm of criminal law, the immediate actions that can be reviewed by the teams, and the procedures for time constraints in criminal cases.
How does the process of criminal forensic recess function?
During a criminal case recess, court activities are decreased and procedural deadlines are paused, in accordance with the Criminal Procedure Code (CPP) and other relevant laws.
During this period:
- Criminal procedural deadlines are paused between December 20 and January 20 as outlined in Art. 798-A of the CPP.
- Urgent cases that cannot wait for the normal process are reviewed promptly by judicial authorities.
Constitutional rights, like freedom, remain a top priority for the courts during the criminal recess, with actions taken to address imminent risk of irreversible harm.
Legal foundation:
- Articles 798, section 1 and section 3, along with Article 798-A of the Criminal Procedure Code (CPP).
All deadlines specified in Article 798 of the CPP will proceed without interruption for holidays, Sundays, or public holidays.
The starting day will not be counted, but the maturity 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 runs from December 20 to January 20, except in certain situations, as stated in Art. 798-A of the CPP.
Involving incarcerated defendants in the procedures related to their arrests.
In procedures regulated by Law No. 11.340 of August 7, 2006 (Maria da Penha Law).
III – in the urgent measures determined by a reasoned order from 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 unit?
Criminal courts handle cases that pose a direct threat to personal freedom of movement, physical safety, or public peace.
Below, we outline the key measures that can be examined:
Habeas Corpus is a legal term.
- Legal foundation: Article 5, Section LXVIII of the Federal Constitution and articles 647 to 667 of the CPP.
- Illegal imprisonment, threat to freedom of movement, or exceeding the term.
- Request to cancel an unjustified arrest or detention without valid reasons.
Revocation request for pre-trial detention or precautionary measures.
- Legal foundation: Articles 312 and 319 of the Code of Criminal Procedure.
- New information that warrants the cancellation of the prison sentence or the ending of the initial reason for the injunction.
- Preventive detention may no longer be needed if there is evidence indicating so.
Emergency measures for protection
- Legal foundation: Article 22 of the Maria da Penha Law (Law No. 11.340/2006).
- Aggressor detachment, contact ban, or other safety measures in support of the victim.
- Immediate relocation of individuals facing imminent domestic violence.
Prison relaxation in full view
- Legal foundation: Article 310, Section I of the Code of Criminal Procedure.
- When the prison is blatantly illegal or there is an abuse of authority.
- Example: Circumstance in which the prison requirements were not met as required.
Assessment of conversion in preventive prison communication.
- Legal foundation: Article 310, II of the Code of Criminal Procedure.
- Judicial oversight of arrests is necessary to assess whether continued detention is warranted or should be eased.
Permission for searches, seizures, or interceptions
- Police operations that require judicial approval and cannot be delayed.
Criminal proceedings experience breaks at certain intervals.
Deadline Suspension
The deadlines for criminal procedures are paused from December 20th to January 20th as per Article 798-A of the CPP.
The days are not counted during this time, and counting resumes on January 21st.
A 10-day timeframe starts on December 16 as an illustration.
- 16/12/2024 – Not included in the count (Article 798, §1, CPP)
- 17, 18, and 19 December 2024 – over a period of 3 days.
- 20/12/24 to 20/01/25 – Excluded from calculation (Article 798-A, CPP)
- 21st to 27th of January 2025 – a period of 7 days
- End date: January 27, 2025 (Friday).
In cases with incarcerated defendants, deadlines are not suspended for applying the Maria da Penha Law and other urgent measures, as stated in Article 798-A of the Criminal Procedure Code.
Deadline Extensions
The deadline that falls during the forensic recess will not be paused but will be prolonged to the following business day, as explained in Article 798, § 3, of the Criminal Procedure Code.
A real-life illustration: A 5-day race finishes on December 20th.
The deadline has been extended to January 21 due to the difficulty of keeping track during the break.
Differences Overview:
| Suspension | Prorogation | |
| Counting period | Suspension from 20/12 to 20/01 | The recess end date is prolonged. |
| Example | Count paused and restarted on 21/01. | Extended period ends on 21/01. |
Practical advice for attorneys during court breaks
Criminal break necessitates being organized, quick, and focused on urgent circumstances.
Here are some suggestions to boost your productivity and address the most pressing needs at this time:
Identify situations requiring urgent attention.
- More severe situations involve issues related to freedom of movement (such as habeas corpus and prison release), physical safety (such as imminent threats and protective measures), or high levels of risk (such as endangered children and adolescents).
- Analyze each situation to identify its urgency by examining the facts and deadlines that demand immediate attention.
- Monitor notifications: keep an eye on emails, official publications, and other sources to prevent unexpected events.
Organize due dates
- Anticipating procedural deadlines and taking necessary measures before the recess, such as submitting petitions and following resource protocols, is essential in pre-recess planning.
- Establish a thorough timetable with interrupted deadlines followed by prompt resumption after breaks.
- Prepared resources should be available at all times to address emergency situations, such as requests for temporary release or early protection.
Comprehensive and thorough documentation
- When requesting assistance, it is important to provide evidence of the urgent nature of the situation by submitting relevant documents like court orders, certificates, incident reports, or medical records.
- Review the documents before sending them to the plant to prevent the need for revisions and ensure they are clear and complete.
- Keep the planter informed with the most current information regarding the case for quick comprehension.
Contact with legal authorities
- Consult the telephone numbers, email addresses, or electronic systems utilized by the judiciary facility in your area for communication.
- Identify the court or personnel in charge of each request, particularly in cases involving State, Federal, or Military Justice, is important for verifying competence.
- Familiarize yourself with the timetable and planting guidelines to prevent delays or violations of protocols.
Managing the office during a break period
- Office staff should be trained on how to recognize and pass on urgent requests.
- Establishing an internal support system for screening and assistance should be part of the regular routine, even on days off.
- Use technology as a tool to track deadlines and communicate with clients and courts by utilizing process and application management systems.
Customer interaction
- Prioritize informing customers about the limitations of the break area and the protocol for handling emergencies.
- Clarify the postponed deadlines and measures implemented clearly to prevent confusion in communication.
- Maintain a designated channel for urgent situations, like a particular phone number or email address, to ensure availability.
Take care of your well-being and efficiency.
- Organize rest breaks and assign tasks to others, even during emergencies, to prevent overwhelm.
- Dealing with challenging situations during recess can be emotionally taxing, so it’s important to reach out for support if needed.
- Utilize this time to study important topics or engage in brief events if your workload permits.
With these methods, you can effectively and strategically respond during the criminal recess to provide prompt and high-quality assistance to your clients in urgent circumstances.
The lawyer’s function in criminal forensic recess.
During the criminal forensic recess, normal judiciary tasks are put on hold to allow professionals in the field to rest.
Judicial teams are still working to address pressing needs, particularly those related to safeguarding fundamental rights.
The lawyer’s role is crucial in ensuring that constitutional rights like freedom and fair legal proceedings are upheld.
He is responsible for understanding the specific recess rules, deadlines, and necessary actions to act strategically and effectively, even in unusual circumstances.
The lawyer ensures the ongoing execution of essential tasks like filing for habeas corpus, precautionary measures, and urgent requests by comprehending the operations of plantations and being ready to address delicate circumstances, thereby demonstrating dedication to justice and advocating for the rights of their clients.
Make sure to also review the article about Forensic Recess in the Criminal Procedure Code, which covers rules, emergency measures, and time management.