Acórdão nº 9810841 de Court of Appeal of Porto (Portugal), 05 de Maio de 1999 (caso NULL)
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 05 de Maio de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP95 ART116 N1 N2. CPP87 ART5 N1 ART51 N3 ART330 N2.
Jurisprudência Nacional: AC RP PROC9610174 DE 1997/07/09.
Sumário: I - Acusado o arguido pela prática de um crime que à data dos factos era de natureza pública a posterior alteração dessa natureza para crime semi-público não afecta a legitimidade do Ministério Público para prosseguir no exercício da acção penal, já que se mostra válido o acto processual praticado ao abrigo da lei anterior. II - Se quando da alteração legal o Ministério Público não tivesse ainda exercido a acção penal então já só o poderia fazer mediante apresentação de queixa, requisito processual que nesse momento havia de ser já observado em função da nova lei substantiva. III - Dada a natureza semi-público que a lei posterior atribui ao crime, nada obsta a que...
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