Acórdão nº 9450544 de Court of Appeal of Porto (Portugal), 09 de Novembro de 1994
| Magistrado Responsável | MOURA PEREIRA |
| Data da Resolução | 09 de Novembro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CONST82 ART29 N4. CP82 ART2 N4 ART313 ART314 C ART117 N1 C ART118 ART119 ART120 N2 ART121 N3. CP886 ART421 N4 ART451 N3. CPP29 ART571.
Jurisprudência Nacional: ASS STJ DE 1989/02/15 IN DR IS 1989/03/17.
Sumário: I - É hoje inquestionável a aceitação da doutrina segundo a qual as chamadas normas processuais penais materiais, como as que regem o instituto da prescrição do procedimento criminal, estão submetidas ao princípio constitucional da aplicação da lei penal mais favorável. II - O prazo da prescrição da pena conta-se a partir do momento em que transita em julgado a decisão que aplicou tal pena - artigo 121, n. 3 do Código Penal. III - Em processo de ausentes a sentença não transita em julgado...
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