Acórdão nº 9150066 de Court of Appeal of Porto (Portugal), 08 de Maio de 1991
Magistrado Responsável | LUCIANO CRUZ |
Data da Resolução | 08 de Maio de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO. ANULADO O JULGAMENTO.
Indicações Eventuais: CONSTITUI JURISPRUDENCIA UNIFORME DESTA RELAÇÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: D 13004 DE 1927/01/12 ART23 ART24 N1. DL 14/84 DE 1984/01/11 ART8. L 43/86 DE 1986/09/26 ART2 N2 59. DL 78/87 DE 1987/02/17 ART2 N2. CPP87 ART119 C ART332 N1 ART334 N1 N2.
Sumário: I - O principio da obrigatoriedade da presença do arguido na audiencia de julgamento ( artigo 332, n. 1 do Codigo de Processo Penal ) sofre excepção no caso das bagatelas penais ( não e o caso da emissão de cheque sem provisão ) e nos casos de impossibilidade pratica de comparencia por doença grave, idade ou residencia no estrangeiro, com previo assentimento do arguido. II - Isto e, so os casos de ressonancia criminal diminuta ou em que ocorram certas circunstancias determinativas de pratica impossibilidade de comparencia, poderão afastar a regra da presencialidade. III - Sendo tão apertadas as malhas do dever de comparencia, o regime antigamente aplicavel ao caso de emissão de cheque não coberto, se tivesse sido salvaguardado " ex expresso ", geraria uma quebra no espirito do sistema. IV - E que o n. 3 do artigo 8 do Decreto-Lei 14/84 de 11 de Janeiro...
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