Interrogation at the end of the military pre-sentence investigation and deadline for to oppose exceptions

Abstract

The present work aims to indicate the consequences of the displacement of the interrogation of the defendant to the end of military criminal Discovery phase challenging the exceptions by the author and the defendant. The reasoning brought in the provisions of the Military Criminal Procedural Code addressing the challenge of exceptions is linked to the fact that the interrogation is the first stage of the criminal investigation, so that its displacement to the end of the procedural action undermines the application of some provisions, as occurred with art. 407 of the same Code, which establishes a period of 48 hours, from the defendant’s interrogation, for the challenging of exception by the parties. Although the possibility of inversion was already discussed at the interrogation phase, the doctrine and jurisprudence have not evaluated the reflection of this new situation in other military criminal procedure institutes, as exemplified by the aforementioned article, therefore, the present study aims to indicate an acceptable solution.