Acórdão nº 0225208 de Court of Appeal of Porto (Portugal), 19 de Setembro de 1990
Magistrado Responsável | CASTRO RIBEIRO |
Data da Resolução | 19 de Setembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CP82 ART165. CPP87 ART119 B ART50 N1 ART52 N1 ART285.
Sumário: I - Se o ofendido, notificado tão só para se constituir assistente, vem deduzir acusação imputando ao arguido um crime previsto e punido pelo artigo 165 do Código Penal (injúrias) e, simultaneamente, requer a sua constituição como assistente, junta procuração e paga a taxa de justiça respectiva, não há qualquer razão para não receber a acusação, muito menos com o argumento de que, no momento em que apresentou a acusação, não tinha para isso legitimidade por não ser ainda assistente; II - Não sendo tal prática um modelo a seguir, a verdade é que, com o despacho que admitiu o ofendido a intervir nos autos como assistente, a irregularidade, que ninguém invocou, ficou sanada, convalidando-se, assim, a sua legitimidade quanto à acusação deduzida; III - Sendo o...
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