Acórdão nº 9110454 de Court of Appeal of Porto (Portugal), 03 de Julho de 1991
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 03 de Julho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART116 N2 ART204 ART209 ART273 N3.
Sumário: 1. Nos casos previstos no art. 209 do Codigo de Processo Penal estabelece a lei uma presunção de necessidade da prisão preventiva. Todavia, e certo estar a sua aplicação dependente da verificação dos requisitos gerais indicados no art. 204 do mesmo Codigo. 2. No caso dos autos, trata-se de um crime de emissão de cheque sem provisão a que corresponde pena de prisão de um a dez anos, existindo fortes indicios da sua pratica pelo arguido. O M. P., apos a falta do arguido a duas convocatorias para o seu interrogatorio, promoveu a aplicação da prisão preventiva. As duas faltas foram, porem, justificadas. Inexiste nos autos o menor indicio de perigo de fuga, como tambem não se prova que a natureza e circunstancias do crime ou a personalidade do arguido apontem para o perigo da continuação da actividade criminosa e muito menos para o perigo da perturbação do decurso...
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