Acórdão nº 9510057 de Court of Appeal of Porto (Portugal), 26 de Abril de 1995
| Magistrado Responsável | MOURA PEREIRA |
| Data da Resolução | 26 de Abril de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART117 N3 ART127 ART163 ART340 N1.
Jurisprudência Nacional: ASS STJ DE 1991/04/03 IN DR IS-A DE 1991/05/25.
Sumário: I - O atestado médico que o n.3 do artigo 117 do Código de Processo Penal prevê é o que se destina a justificar a falta do próprio faltoso. II - Se o atestado médico apresentado para o efeito refere a doença de uma filha da requerente de um ano de idade e a necessidade de esta a assistir de forma permanente, inadiável e imprescindível no período em que devia comparecer ao acto para que fora convocada, a comprovação daquela doença, porque envolve um juízo técnico - científico, deve presumir-se subtraída à livre apreciação do julgador ( artigo 163 do Código de Processo Penal ). Já a conclusão sobre a necessidade de assistência permanente, inadiável e imprescindível da mãe, sendo pelo menos questionável, o caracter técnico ou científico desse juízo, está sujeita àquela livre apreciação ( artigo 127 do mesmo...
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