Restituição de Fiança em Detrimento de Trânsito em Julgado da Sentença

Após o trânsito em julgado da Ação Penal é possível pedir a restituição da fiança, de acordo com o artigo 337 do Código de Processo Penal.

Art. 337. Se a fiança for declarada sem efeito ou passar em julgado sentença que houver absolvido o acusado ou declarada extinta a ação penal, o valor que a constituir, atualizado, será restituído sem desconto, salvo o disposto no parágrafo único do art. 336 deste Código.

O procedimento pode ser feito dentro do mesmo processo, sendo uma petição simples que pode ser atravessada no bojo do processo principal após transitado em julgado.

Outro detalhe importante são os juros que correm em detrimento da fiança, se passou muito tempo do estabelecimento da mesma, é possível aplicar uma taxa, a mais comum é a do Banco Central, calculados a 1,29% ao mês, sobre o valor total da fiança.

Trocando em miúdos, para garantir e requerer a RESTITUIÇÃO DE FIANÇA é preciso ter sido absolvido no processo, e que a sentença tenha transitado em julgado, ou seja, um acórdão judicial que não se pode mais recorrer, seja porque já se passaram todos os recursos possíveis, seja porque o prazo para recorrer terminou ou por algum acordo homologado por sentença entre as partes.

No caso da parte ter sido condenada, infelizmente a restituição de fiança não será garantida, vide artigo 336 do Código de Processa Penal e parágrafo único do mesmo dispositivo.

Art. 336. O dinheiro ou objetos dados como fiança servirão ao pagamento das custas, da indenização do dano, da prestação pecuniária e da multa, se o réu for condenado.

Parágrafo único. Este dispositivo terá aplicação ainda no caso da prescrição depois da sentença condenatória

Author: André Leão

Advogado com ênfase nas áreas cíveis (família), criminais, administrativas (concursos públicos) e de propriedade intelectual. Atuando na Zona Metropolitana de Belém e interiores do Estado do Pará. Ex-Primeiro Secretário da Comissão de Direitos Humanos da OAB Seção Pará, Ex-Advogado Dativo da OAB/PA, Ex-membro da Comissão de Jovens Advogados da OAB Seção Pará e Mediador/Conciliador em formação pelo TJPA. André Leão OAB/PA 22.405 André Leão Advocacia & Consultoria Contatos: Endereço: Avenida Roberto Camelier, nº 518/68, Apartamento 101, CEP: 66025-420, Belém - Pará Telefones: WhatsApp/Telegram (91) 988353458 / Tim: (91) 983494689 E-mail: contato@andreleao.conclave.pro.br Site: https://andreleaoadvogado.com/ Aceitam-se cartões de crédito e de débito.

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  170. Thanks for your interesting article. Other thing is that mesothelioma cancer is generally attributable to the inhalation of materials from asbestos, which is a very toxic material. It really is commonly seen among individuals in the structure industry with long contact with asbestos. It is also caused by residing in asbestos insulated buildings for a long time of time, Genetic makeup plays an important role, and some folks are more vulnerable towards the risk when compared with others.

  171. I additionally believe that mesothelioma is a unusual form of most cancers that is generally found in those people previously subjected to asbestos. Cancerous cells form inside mesothelium, which is a protective lining which covers the majority of the body’s areas. These cells normally form from the lining with the lungs, belly, or the sac which actually encircles one’s heart. Thanks for expressing your ideas.

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  183. I additionally believe that mesothelioma is a uncommon form of cancer malignancy that is often found in individuals previously exposed to asbestos. Cancerous tissue form within the mesothelium, which is a protecting lining that covers the vast majority of body’s internal organs. These cells typically form within the lining in the lungs, mid-section, or the sac that encircles the heart. Thanks for expressing your ideas.

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  197. Thanks for the helpful post. It is also my opinion that mesothelioma has an particularly long latency time period, which means that symptoms of the disease would possibly not emerge until 30 to 50 years after the 1st exposure to mesothelioma. Pleural mesothelioma, that’s the most common form and affects the area across the lungs, may cause shortness of breath, breasts pains, and a persistent coughing, which may bring about coughing up our blood.

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