Acórdão nº 9510113 de Court of Appeal of Porto (Portugal), 24 de Maio de 1995
Magistrado Responsável | MOURA PEREIRA |
Data da Resolução | 24 de Maio de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO TOMAR CONHECIMENTO. NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART119 ART120 ART123 N1 N2. CPC67 ART666 ART668 N1 D.
Sumário: I - É claramente de omissão de pronúncia a situação em que, tendo sido proferida decisão instrutória, o tribunal " a quo " não se tinha pronunciado sobre requerimento do ofendido em que este, durante a instrução, pedia a sua constituição como assistente; II - Em processo civil, o vício configura nulidade ( artigos 666, n. 3 e 668, n. 1 do Código de Processo Civil ). Em processo penal, não constando das nulidades previstas nos artigos 119 e 120 do Código de Processo Penal, configura mera irregularidade; III - A despeito de o ofendido a não ter arguido em tempo, o que conduziria à sua sanação, o certo é que o juiz pode ordenar oficiosamente a reparação de qualquer regularidade no momento em que da mesma tome conhecimento, quando ela puder afectar o valor do acto praticado ( artigo 123...
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