Acórdão nº 0272633 de Court of Appeal of Lisbon (Portugal), 06 de Novembro de 1991
Magistrado Responsável | NUNES RICARDO |
Data da Resolução | 06 de Novembro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: VAZ SERRA IN RLJ N1111 PAG383.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART1 PARÚNICO ART83 PART7 ART98 N1 ART100 ART352 ART359 PAR2 ART665. CCIV66 ART249. CPC67 ART146 ART198 N1 ART242 ART666. CONST76 ART18 N1 ART32 N1 N2.
Jurisprudência Nacional: AC STJ DE 1978/06/08 IN BMJ N278 PAG168. AC STJ DE 1973/06/06 IN BMJ N228 PAG121. AC RL DE 1980/07/11 IN CJ T4 DE 1982.
Sumário: I - Se, por lapso ostensivo, facilmente suprível pela secretaria, a arguida indicou juízo errado no seu requerimento para a produção de prova no âmbito da instrução contraditória, e, por isso, o requerido não foi objecto de pronúncia, então ter-se-á de declarar que a apresentação respectiva foi feita em tempo, no juízo correcto, para onde mais tarde foi enviado o expediente (arts. 1, § único, CPP29, 249 Código Civil, 146 e 666, n. 2, CPC67), desde que tenha sido...
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