Acórdão nº 0225848 de Court of Appeal of Porto (Portugal), 06 de Março de 1991
| Magistrado Responsável | LUIS VALE |
| Data da Resolução | 06 de Março de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ANULADA A DECISãO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART83 PAR8 ART98 N1 N8 PAR1 ART99 PAR3 ART418 ART570.
Sumário: 1. Antes de ordenar o prosseguimento do processo a revelia do reu, o juiz deve usar todos os meios ao seu alcance para averiguar o paradeiro daquele ( artigo 83 ~ 8 do Codigo de Processo Penal de 1929 ). 2. Se forem trazidos aos autos novos elementos sobre a localização do reu, havera que tentar notifica-lo nesse lugar, possibilitando-se assim a observancia do principio consignado no artigo 418 daquele diploma que impõe a obrigatoriedade da presença do reu na audiencia do julgamento. 3. A omissão dessa diligencia afasta a possibilidade de observação plena do...
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