Acórdão nº 9140650 de Court of Appeal of Porto (Portugal), 30 de Outubro de 1991
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 30 de Outubro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART61 N1 F ART191 ART192 N1 ART193 N2 ART202 N1 ART203 ART204 ART254 ART256 N2 N3 ART257.
Sumário: I - O actual Código de Processo Civil diferencia os conceitos de detenção e de prisão preventiva, atenta a sua finalidade, o período de duração e a qualidade processual dos seus sujeitos passivos. II - A detenção é a privação da liberdade para, no prazo de 48 horas, o detido ser submetido a julgamento sob forma sumária ou ser presente ao juiz competente para primeiro interrogatório ou para assegurar a sua presença imediata perante o juiz em acto processual. III - A prisão preventiva é levada a cabo em virtude de mandado judicial ou validada por despacho do juiz, pressupõe a constituição do arguido e é susceptível de perdurar até ao trânsito em julgado da decisão final. IV - Em caso de ilegalidade do acto de detenção por essa ter tido lugar fora de flagrante delito por ordem da autoridade de polícia criminal sem ocorrerem os requisitos do artigo 257 do Código de Processo Penal, o juiz, não obstante, pode manter a privação da liberdade do detido impondo-lhe a sujeição a prisão preventiva...
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