Audiência Criminal 11 - Processo n. 0000387-40.2017.8.12.0800

Summary

In this custody hearing transcript, Cassiano Rodrigo Resquin Maciel is questioned about the circumstances of his arrest, his potential legal representation, and any instances of police violence. The prosecutor requests his preventive detention, citing his criminal history, including past juvenile offenses. The defense lawyer seeks his provisional release, arguing that the case does not warrant such extreme measures given the nature of the alleged crime. The hearing concludes with the public defender taking responsibility for further legal actions, and Cassiano's right to communicate with his family and present his defense is affirmed.

Takeaways

• 😀 Cassiano Rodrigo Resquin Maciel is the defendant in a custody hearing.
• 😀 The defendant does not know which police station he is being held at.
• 😀 Cassiano was unable to notify his family about his arrest but provided a phone number for contact.
• 😀 The defendant denies experiencing any police violence at the time of his arrest.
• 😀 Cassiano has a heart condition and is currently taking medication for it.
• 😀 The public prosecutor is advocating for preventive detention, citing the defendant's criminal history and flight risk.
• 😀 The defendant has a record of previous criminal activity, including incidents during his youth.
• 😀 The defense attorney requests release, emphasizing that the alleged theft is a minor offense with a maximum penalty of four years.
• 😀 If convicted, Cassiano would likely serve his sentence in a semi-open regime, which is less restrictive than closed detention.
• 😀 The judge does not rule immediately on the release request, leaving room for further defense presentations.
• 😀 The session concludes with the court adjourned, and Cassiano may present new evidence later.

Q & A

What is the purpose of the custody hearing mentioned in the transcript?

The purpose of the custody hearing is to understand the reasons for the individual's arrest and determine whether there were any incidents of police violence during the arrest.

Did Cassiano know which police station he was being held at?

No, Cassiano did not know which police station he was being held at.

Was Cassiano able to inform his family of his arrest?

No, Cassiano had not informed anyone of his arrest at the time of the hearing.

Did Cassiano report any police abuse during his arrest?

No, Cassiano did not report any police abuse or violence during his arrest.

How many children does Cassiano have, and does he have any health issues?

Cassiano has one child, and he has a heart condition for which he takes medication.

What crime is Cassiano accused of, according to the public prosecutor?

Cassiano is accused of committing qualified theft, specifically for breaking an obstacle, as outlined in Article 155, Paragraph 4, Inciso I of the Penal Code.

What is the proposed legal action by the public prosecutor?

The public prosecutor is requesting that Cassiano's arrest be validated and that preventive detention be ordered, as they believe the legal criteria for his detention are met.

What is the defense attorney's stance on Cassiano's detention?

The defense attorney is requesting Cassiano's release, suggesting that his detention is unnecessary given the circumstances of the case.

What is the maximum sentence Cassiano could face if convicted?

If convicted, Cassiano could face a maximum sentence of up to four years, as the crime is classified as a theft with qualified circumstances.

What was the public prosecutor's argument regarding Cassiano's possible sentence and detention?

The public prosecutor argued that the preventive detention of Cassiano is justified because of his criminal history, including past incidents of evasion. They also noted that he could serve a sentence in a regime less severe than the closed one, should he be convicted.