Acórdão nº 9410847 de Court of Appeal of Porto (Portugal), 15 de Fevereiro de 1995
| Magistrado Responsável | BAIÃO PAPÃO |
| Data da Resolução | 15 de Fevereiro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CITA BAPTISTA MACHADO IN INTRODUÇÃO AO DIREITO E AO DISCURSO LEGITIMADOR 6ª REIMPRESSÃO PAG202.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART120 N1 D.
Sumário: I - Sendo o processo de ausentes e o regime da contumácia realidades de sentido inteiramente diverso, não pode aceitar-se que, a partir da alínea d) do n.1 do artigo 120, do Código Penal se venha a erigir a declaração de contumácia como acto interruptivo da prescrição do procedimento criminal por via do recurso à analogia, precisamente por não haver entre as duas situações aquele grau de relativa semelhança que é pressuposto da admissibilidade de uma tal solução de...
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