Acórdão nº 0409706 de Court of Appeal of Porto (Portugal), 22 de Maio de 1991
Magistrado Responsável | LUCIANO CRUZ |
Data da Resolução | 22 de Maio de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO. DIR PROC PENAL. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: D 13004 DE 1927/01/12 ART24. CPP87 ART7 ART513 ART514 ART520 A. CCIV66 ART363. CCJ62 ART18 N1 E ART38 ART188 N3.
Jurisprudência Nacional: AC RP DE 1990/06/13 IN CJ ANOXV T3 PAG247.
Sumário: I - No momento de sanear o processo ( artigo 311, n. 1 do Codigo de Processo Penal ) o juiz so e obrigado a pronunciar-se sobre as questões previas se acaso puder, " desde logo ", tomar conhecimento delas. De contrario, podera relegar o conhecimento de tais questões para momento posterior, designadamente para o momento processual da audiencia de julgamento. II - A declaração de desistencia da queixa não e um documento autentico cuja força probatoria ( plena ) so possa ser elidida mediante arguição de falsidade, por não ser exarado por notario ou outro oficial publico ( artigo 363 do Codigo Civil ), tratando-se de simples documento particular, ainda que com reconhecimento notarial da assinatura do declarante. III - Triunfando em julgamento a versão de que tal declaração foi retirada a posse do queixoso e entregue em tribunal contra a sua vontade e sem o seu consentimento, não pode ser havido por provado que houve desistencia ( valida ) da queixa com a consequente extinção do procedimento criminal. IV - E não incumbe ao juiz ordenar a suspensão...
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