Acórdão nº 503/16.5PBLRA.C1 de Tribunal da Relação de Coimbra, 17 de Dezembro de 2020
Magistrado Responsável: | OLGA MAURÍCIO |
Data da Resolução: | 17 de Dezembro de 2020 |
Emissor: | Tribunal da Relação de Coimbra |
Acordam na 4ª secção criminal do Tribunal da Relação de Coimbra: RELATÓRIO 1.
Por sentença de 10-10-2018, o arguido NC foi condenado pela prática de um crime de furto e de um crime de extorsão, dos art. 203º, nº 1, e 223º, nº 1, ambos do Código Penal, nas penas, respectivamente, de um ano de prisão e de dois anos de prisão.
Feito o cúmulo jurídico foi-lhe aplicada a pena única de dois anos e quatro meses de prisão.
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O arguido recorreu, concluindo que: - a notificação do arguido para a audiência de leitura da sentença é obrigatória, nos termos dos art. 61º, nº 1, al. a), e 113º, nº 10, do C.P.P.; - a omissão desta notificação constitui nulidade insanável, do art. 119º, al. c), do C.P.P.; - no caso não foi feita esta notificação; - esta nulidade determina a invalidade da audiência de leitura da sentença realizada e da própria sentença, por depender de acto nulo; - deverá ser ordenada a repetição da audiência de leitura da sentença, depois das diligências de notificação do arguido para comparecimento; (…) - a sentença recorrida violou os art.ºs 61º, nº 1, al. a), 113º, nº 10 e 119º, al. c), do C.P.P. (…).
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O recurso foi admitido.
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O Ministério Público junto do tribunal recorrido respondeu defendendo a manutenção do decidido.
Sobre a nulidade da leitura de sentença, derivada da falta de notificação para a respectiva sessão, disse que da conjugação dos art. 332º e 333º do C.P.P. resulta um mecanismo que concilia a salvaguarda dos interesses do arguido com o interesse público da administração célere e eficiente da justiça.
No caso o arguido foi regularmente notificado da audiência e faltou injustificadamente. Foi proferido despacho considerando a sua presença desnecessária e procedeu-se ao julgamento, em conformidade com o disposto nos nº 1 e 2 do art. 333º do C.P.P.
O julgamento continuou e foram emitidos mandados com vista à comparência do arguido. Esta decisão foi notificada ao arguido. O arguido faltou, de novo, e não justificou a falta e os mandados não foram cumpridos por desconhecimento do paradeiro.
Marcou-se nova data para a leitura da sentença e para esta o arguido não foi notificado, mas esta situação não se enquadra no art. 119º, al. c), do C.P.P. Do elenco de actos de notificação obrigatória ao arguido, constantes do nº 10 do art. 113º do C.P.P., não consta o de leitura de sentença.
Mais disse que mesmo que assim se não entendesse nunca esta nulidade abrangeria a sentença proferida.
O acto processual de leitura pública da...
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