Acórdão nº 9840760 de Court of Appeal of Porto (Portugal), 13 de Janeiro de 1999 (caso NULL)
Magistrado Responsável | TEIXEIRA MENDES |
Data da Resolução | 13 de Janeiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP886 ART126 PAR4. CP82 ART118 N1 ART119 N1 B ART120 N1 D N2 N3. CP95 ART119 N1 ART121 N1 N2 N3. CPP29 ART585. DL 48/95 DE 1995/03/15 ART11 D.
Jurisprudência Nacional: AC STJ DE 1981/10/28 IN BMJ N310 PAG230. AC STJ DE 1992/05/20 IN CJ T3 ANOXVII PAG28. ASS STJ DE 1989/02/15 IN DR IS-A 1989/03/17.
Sumário: I - No Código Penal de 1982, na parte que regula a prescrição das penas, não se faz referência às aplicadas a condenação à revelia por o legislador ter entendido que, em relação aos processos de ausentes, anteriormente regulados no Código de Processo Penal de 1929, operava não uma prescrição de penas mas sim do procedimento. II - Em processo de ausentes, condenado o arguido à revelia em 15 de Dezembro de 1992, na pena de 3 anos de prisão, por factos consumados em Agosto de 1986, a prescrição do procedimento criminal, cujo prazo era de 10 anos, terá lugar em Agosto de 2001, pois tendo começado inicialmente a correr em Agosto de 1986 ( artigos 118 n.1 do Código Penal de 1982 e 119 n.1 do Código Penal de 1995 ), interrompeu-se em 23 de Outubro de 1992 ( data em que foi marcado o julgamento - artigos 120 n.1 alínea d) do Código Penal de 1982 e 11...
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