Acórdão nº 9510528 de Court of Appeal of Porto (Portugal), 28 de Junho de 1995
| Magistrado Responsável | BAIÃO PAPÃO |
| Data da Resolução | 28 de Junho de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART120 N1 D.
Sumário: I - A abolição do processo de ausentes regulado no Código de Processo Penal de 1929 não criou qualquer lacuna no ordenamento jurídico penal em matéria de interrupção da prescrição do procedimento criminal. Não constitui exigência do sistema que à declaração de contumácia deva corresponder, necessariamente, o efeito de interromper aquela prescrição. II - De qualquer modo, sendo o processo de ausentes e o regime da contumácia realidades de sentido inteiramente diverso, não pode aceitar-se que, a partir da alínea d) do n.1 do artigo 120 do Código Penal ( que se reporta especificamente a um processo banido pelo novo Código de Processo Penal ) se...
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