Acórdão nº 9910667 de Court of Appeal of Porto (Portugal), 20 de Outubro de 1999 (caso NULL)
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 20 de Outubro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. ANULADO O PROCESSADO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP98 ART119 D ART120 N2 D ART122 ART276 N1 ART277 N3 ART284 N1 ART285 N1 N3.
Sumário: I - Denunciados factos susceptíveis de integrar um crime de natureza semi-pública - crime de difamação agravado em função do n.2 do artigo 183 e do artigo 184, ambos do Código Penal - e tendo o Ministério Público, após a recolha de provas, determinado a notificação do queixoso-assistente para " querendo em cinco dias vir aos autos deduzir acusação particular nos termos do artigo 285 n.1 do Código de Processo Penal ", sem previamente ter encerrado o inquérito por uma das duas formas previstas no n.1 do artigo 276 deste último diploma legal ( arquivando-o ou deduzindo acusação ), há que concluir pela verificação da nulidade insanável da previsão da alínea d) do artigo 119 do Código de Processo Penal, já que a incompletude do inquérito há-de ser entendido como equivalente à falta do mesmo. II - A nulidade...
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