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Intangible property: case study

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  1. Introduction
  2. The criminal action in crimes against intangible property
  3. The private prosecution
  4. Public prosecution
  5. Conclusion

Made a sudden seizure and experts should conduct the investigation and prepare the corresponding technical report, answering the questions formulated by the plaintiffs, the Public Ministry and the judge. Not realizing expertise by decision of the experts after inspection, the expert report must be presented within three days after the end of diligence.

Ending the expertise, the experts will present their report (in a period of 03 days after the close of the proceedings) so that the judge may confirm.
The diligence applicant may challenge the report contrary to seizure (art. 527, sole paragraph, first part). The report being contested with due reason, the judge can not accept them keeping in whole or in part, the act of experts, or accept all or part of the challenge of reasons. In this case can have the arrest is effected (art. 527, sole paragraph) or understanding formally admissible report and disagreeing only the interpretation of experts, order only let there be omitted apprehension.

[...] However the provisional diligences have been requested by the prosecution agency, will run the general rule enshrined in the mentioned provision of Article 102, 3 of the Criminal Code. References - Mirabet, Julio Fabbrini, Criminal Law Manual, Special Party - Art 121-234 of the Penal Code, Volume 19th Edition, Publisher Atlas SA, São Paulo - Mirabet, Julio Fabbrini, Criminal Procedure, 13th Edition, São Paulo, Editora Atlas SA 2002 - Www.am.trf1.gov.br/biblioteca/DIREITO%20e%INTERNET/ - Http://www.secrel.com.br/jpoesia/ibarroso3.html - MAGALHÃES NORONHA, E. Course of criminal procedural law. São Paulo: Saraiva - MEADOW, Luiz Regis. Course Brazilian criminal law, Volume special part. São Paulo: Editora Revista dos Courts - CAPEZ, Fernando. Criminal proceedings course. [...]


[...] Intangible property: case study Expert report Made a sudden seizure and experts should conduct the investigation and prepare the corresponding technical report, answering the questions formulated by the plaintiffs, the Public Ministry and the judge. Not realizing expertise by decision of the experts after inspection, the expert report must be presented within three days after the end of diligence. Ending the expertise, the experts will present their report (in a period of 03 days after the close of the proceedings) so that the judge may confirm. [...]


[...] The judge is not bound to accept the conclusion of the experts, and you can accept or reject the report in whole or in part and even order the seizure contrary to the view of the experts. The criminal action in crimes against intangible property The prosecution in these crimes, it is a rule, private. The subject is regulated in Article 199 of Law n º 9.279 / 96, subject to contained in Article 186 of the Penal Code, the matter also is related to Article 181 of the Industrial Property Code. "In the crimes set forth in this chapter, It will be brought through abuse unless practiced to the detriment of public law entity. [...]

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