Acórdão nº 97P1347 de Supremo Tribunal Administrativo (Portugal), 17 de Dezembro de 1997 (caso None)
Magistrado Responsável | MARTINS RAMIRES |
Data da Resolução | 17 de Dezembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REJEITADO O RECURSO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART277 N1 D N2 N3. CPP87 ART359 N1 ART417 N2 C N4 A ART419 N1 N3 ART420 N1 N2 N4. L 15/94 DE 1994/05/11.
Sumário : I - No silêncio da lei quanto ao comportamento processual a adoptar na hipótese do n. 1 do artigo 359 do CPP - não havendo acordo dos intervenientes quanto à continuação do julgamento pelos novos factos - afigura-se mais correcta a solução da extracção de certidão de todo o processado (para o Ministério Público proceder pelos novos factos), que a da remessa dos próprios autos, estando estes já qualificados como processo comum. II - A posição legitimamente assumida pelo arguido, de não aceitar a continuação do julgamento pelos novos factos, impossibilita o julgamento imediato não só...
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