Acórdão nº 9610036 de Court of Appeal of Porto (Portugal), 19 de Junho de 1996
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 19 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/ESTADO / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP95 ART348 N1 A B. CPP87 ART134 ART379 A ART389 N3.
Sumário: I - Aludindo o auto de notícia apenas a crime de desobediência, tendo-se o Ministério Público limitado a promover o julgamento em processo sumário e o Juiz nele despachou circunscrevendo expressamente o julgamento ao crime de desobediência do artigo 348 n.1 alínea b) do Código Penal de 1995, o julgamento não podia abranger a apreciação do crime de injúrias ainda que proventura do auto de notícia constassem factos susceptíveis de o integrar. II - Não está, portanto, inquinada de nulidade a sentença que não proferiu qualquer decisão - condenatória ou absolutória - reportadamente ao referido crime de injúrias. III - O arguido que, solicitado para o efeito, se recusa perante a Guarda Nacional Republicana a fornecer os dados de identificação de um seu filho, alvo de averiguação em processo penal, não incorre no crime de desobediência do artigo 348 n.1 alínea b) do Código Penal de 1995, desde logo porque não se verificou o dever de obediência, já que a lei...
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