Acórdão nº 0277083 de Court of Appeal of Lisbon (Portugal), 30 de Setembro de 1992
Magistrado Responsável | NUNES RICARDO |
Data da Resolução | 30 de Setembro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM. DIR PROC PENAL.
Legislação Nacional: CP82 ART26 ART40 N1 ART71 ART72 ART117 N1 C ART118 N1 ART120 N1 D N3 ART126 ART142 ART308 N1. CPP29 ART561 ART569. L 23/91 DE 1991/07/04 ART1 N1 A ART14 N1 B. DL 605/75 DE 1975/11/03 ART20.
Sumário: I - Se os factos ocorreram em 1986/11/30 e o julgamento efectuou-se em 1991/12/17, dada a penalidade do artigo 308, n. 1, do Código Penal, o prazo de prescrição do procedimento criminal, conforme disposto no artigo 117, n. 1, alínea c), do Código Penal, é de cinco anos. II - Mas sucede que houve interrupção da prescrição, segundo o artigo 120, n. 1, alínea d), do Código Penal, pois, por despacho proferido, em 1988/04/06, foi ordenado o julgamento, à revelia do Réu, ao abrigo do disposto no artigo 569 do Código de Processo Penal de 1929; e esse despacho não foi impugnado, pelo que passou em julgado, implicando isso que houve interrupção da prescrição. III - Face às datas sobreditas atinentes à prática dos factos e à realização do julgamento, é evidente que ainda não decorreu o prazo máximo de sete anos e meio previsto no n. 3 do artigo 120 do Código Penal: - "1. A prescrição do procedimento criminal interrompe-se (...) d) Com a marcação do dia para o...
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