Omissão do Ministério Público (art. 342)
Autor | Paulo Fernando dos Santos |
Páginas | 132-132 |
Page 132
Art. 342. Não apresentar o órgão do Ministério Público, no prazo legal, denúncia ou deixar de promover a execução de sentença condenatória:
Pena - detenção até dois meses ou pagamento de 60 a 90 diasmulta.
Objetividade jurídica - Proteção ao bom andamento do serviço e processos atinentes à Justiça Eleitoral.
Sujeito ativo - Somente o órgão do Ministério Público Eleitoral, em qualquer esfera de atuação (promotoria ou procuradoria) ou grau de jurisdição. O crime é próprio.
Sujeito passivo - O Estado.
Conduta típica - Não apresentar, no prazo legal, denúncia ou deixar de promover a execução da sentença condenatória. As infrações do Código Eleitoral são de ação penal pública incondicionada, razão pela qual não é dado ao órgão ministerial dispor do seu dever funcional, presentes os requisitos para o oferecimento da denúncia. Deverá fazê-lo no prazo de dez dias, nos termos do art. 357 do Código Eleitoral, sob pena de contra ele representar a autoridade judiciária - ou qualquer eleitor, na omissão desta - sem prejuízo da apuração de sua responsabilidade penal. Incorrerá na mesma pena o membro do Ministério Público que...
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