Acórdão nº 97P157 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1997 (caso NULL)
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 28 de Maio de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: FIGUEIREDO DIAS IN AS CONSEQUÊNCIAS JURÍDICAS DO CRIME PÁG222.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/SOCIEDADE / TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART21 N1. CP95 ART40 ART71 N1 N2 ART77. CPP87 ART103 ART104 N2 N3 ART127 ART144 N3 ART410 N2 ART411 ART433. DL 367/87 DE 1987/12/11 ART3.
Sumário : I - O artigo 103 n. 1 do Código de Processo Penal não respeita aos prazos judiciais. Nele, estabelece-se, tão só, uma regra geral sobre o momento da prática dos actos judiciais, em coordenação com o horário de funcionamento das secretarias judiciais regulado no artigo 3 do Decreto-Lei 367/87, de 11 de Dezembro. Regra que admite excepções (n. 2 do artigo 103 do CPP e n. 2 do citado artigo 3). II - Como norma excepcional que é, o disposto no n. 2 do artigo 104 do CPP deve ser interpretado nos seus precisos termos. Por isso, não era de aplicar aos dias de sábado, domingo e feriados, em que o prazo judicial se suspendia nos...
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