Acórdão nº 9050444 de Court of Appeal of Porto (Portugal), 11 de Julho de 1990
| Magistrado Responsável | SOUSA GUEDES |
| Data da Resolução | 11 de Julho de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR TRIB - APOIO JUD.
Legislação Nacional: CPP87 ART279 ART287 N1 B. DL 387-B/87 DE 1987/12/29 ART26 N2.
Sumário: I - Comunicado o arquivamento do inquérito ao denunciante com a faculdade de se constituir assistente, ele apenas tem direito - artigo 279 do Código de Processo Penal de 1987 - de requerer a reabertura do inquérito, caso surjam novos elementos de prova e reclamar hierarquicamente, se tal reabertura lhe for indeferida. Este denunciante, que não é assistente, não tem a faculdade de requerer a abertura de instrução, a qual a lei só atribui ao assistente - artigo 287 nº 1 alínea b) do mesmo Código - ainda que, no mesmo requerimento peça a admissão como assistente. II - Estando o...
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