Questão jurídica principal
Whether a later independent judicial decision could be used to lift criminal seizures and order restitution of assets already confiscated in 2004
Decisão extraída
No. The confiscation had already been decided in 2004, so a later independent decision could not reopen that question.
Fundamentação extraída
Articles 363 ff. CPP are aimed at modifying or supplementing a sentence for reasons linked to the offender's conduct or execution; they do not serve to cure the failure to appeal an earlier decision that already ruled on confiscation.