Acórdão nº 9050772 de Court of Appeal of Porto (Portugal), 30 de Janeiro de 1991
Magistrado Responsável | COSTA DE MORAIS |
Data da Resolução | 30 de Janeiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART83 PAR8 ART98 N1 N8 PAR1 ART570. CP82 ART114 N1 N2.
Sumário: I - É nulo o julgamento à revelia e sequente sentença se o juiz mandou observar os preceitos especiais do processo de ausentes a começar pelo artigo 570 do Código de Processo Penal de 1929, sem que, em cumprimento do parágrafo 8 do artigo 83 do mesmo Código, tenha utilizado todos os meios ao seu alcance que lhe teriam permitido encontrar o arguido e notificá-lo pessoalmente da pronúncia. II - Tal omissão envolve o cometimento das nulidades previstas nos nºs 1 e 8 do artigo 98 do citado diploma, que são insanáveis, relativamente aos despachos que mandaram observar aqueles preceitos e ao julgamento. III - E, por força do disposto no...
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