Acórdão nº 0327513 de Court of Appeal of Lisbon (Portugal), 20 de Abril de 1994
Magistrado Responsável | COTRIM MENDES |
Data da Resolução | 20 de Abril de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP87 ART48 ART49 ART119 D ART120 N2 D N3 C ART309 N2 ART310 N2. D 13004 DE 1927/01/12 ART23 ART24.
Sumário: I - A queixa foi apresentada pelo titular do direito respectivo, a sociedade ofendida, visto estar subscrita por gerente da mesma, com assinatura cujo reconhecimento notarial atesta essa qualidade. Assim, dado o disposto nos artigos 48 e 49 CPP, conclui-se que o MP tem legitimidade para deduzir acção penal. II - Não se verifica a nulidade do artigo 119, al. d), CPP. Pois houve inquérito, seguido de instrução, a requerimento do arguido. A insuficiência daquela, que se traduziria na falta de realização de diligências requeridas e nem sequer despachadas (favorável ou desfavoravelmente) integraria, sim, a nulidade do artigo 120, n. 2, al. d), CPP, dependente de arguição, que não foi apresentada em devido tempo (n. 3, al. c), artigo 120), pelo que tem de considerar-se sanada. III - Não se verifica "ampliação da pronúncia". A decisão instrutória considerou não haver alteração substâncial dos factos ao entender implícita na acusação a existência de prejuízo patrimonial, e que este elemento podia ser averiguado em instrução, e, consequentemente, no julgamento. Aliás, ao incluir na pronúncia que o cheque se destinava ao pagamento, pelo arguido à ofendida, de uma quantia a esta devida, o Mmo. Juiz o que fez foi descrever os factos dos...
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