Acórdão nº 9810618 de Court of Appeal of Porto (Portugal), 17 de Março de 1999
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 17 de Março de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CP95 ART181 ART188 N1. CPP87 ART48 ART50 N1 ART118 ART119 ART120 N2 B ART123 ART330 N1 N2.
Jurisprudência Nacional: AC RP DE 1995/10/25 IN CJ T4 ANOXX PAG238.
Sumário: I - Acusado o arguido por crime de natureza semi-pública e por crime particular, a falta do representante do assistente implica o adiamento da audiência por uma só vez, sendo que a falta não justificada ou a segunda falta valem como desistência da acusação, salvo se houver oposição do arguido. II - Se, não obstante a falta do advogado do assistente, o juiz tiver dado início ao julgamento, transcorrendo toda a primeira sessão sem essa presença, mas tendo aquele advogado comparecido e sido admitido a intervir na sessão seguinte, também de produção de prova, e na que depois foi designada para a leitura da sentença, nada tendo...
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