Lei nº 5.256 de 06/04/1967. DISPÕE SOBRE A PRISÃO ESPECIAL.
LEI Nº 5.256, DE 6 DE ABRIL DE 1967
Dispõe sôbre a prisão especial.
O PRESIDENTE DA REPÚBLICA, faço saber que o CONGRESSO NACIONAL decreta e eu sanciono a seguinte Lei:
Nas localidades em que não houver estabelecimento adequado ao recolhimento dos que tenham direito a prisão especial, o juiz, considerando a gravidade e as circunstâncias do crime, ouvido o representante do Ministério Público, poderá autorizar a prisão do réu ou indiciado na própria residência, de onde o mesmo não poderá afastar-se sem prévio consentimento judicial.
A prisão domiciliar não exonera o réu ou indiciado da obrigação de comparecer aos atos policiais ou judiciais para os quais fôr convocado, ficando ainda sujeito a outras limitações que o juiz considerar indispensáveis à investigação policial e à instrução criminal.
Por ato de ofício do juiz, a requerimento do Ministério Público ou da autoridade policial, o beneficiário da prisão domiciliar poderá ser submetido a vigilância policial, exercida sempre com discrição e sem constrangimento para o réu ou indiciado e sua família.
A violação de qualquer das condições impostas na conformidade da presente Lei implicará na perda do benefício da prisão domiciliar, devendo o réu ou indiciado ser recolhido a estabelecimento penal, onde permanecerá separado dos demais presos.
Parágrafo único. Neste caso, o diretor do estabelecimento poderá aproveitar o réu ou indiciado nas tarefas administrativas da prisão.
Esta Lei entra em vigor na data de sua publicação.
Revogam-se as disposições em contrário.
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