Acórdão nº 040569 de Supremo Tribunal de Justiça (Portugal), 14 de Fevereiro de 1990 (caso NULL)
Magistrado Responsável | VASCO TINOCO |
Data da Resolução | 14 de Fevereiro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Acordam no Supremo Tribunal de Justiça: I - A foi pronunciado na comarca de Chaves, em processo de querela , como autor dos crimes previstos e punidos pelos artigos 199 e 300, 2, alinea a) do Codigo Penal Apos a instalação do Tribunal de Circulo de Chaves, foi o processo remetido a este Tribunal, nos termos dos artigos 81 da Lei 38/87, de 23 de Dezembro e 55, 2 do Decreto- -Lei 214/88, de 17 de Junho. No prosseguimento do processo, o Reu não foi encontrado, por estar a residir em parte incerta de Espanha. Por isso, o Senhor Juiz desse Tribunal declarou-se incompetente e ordenou a remessa do processo a comarca de Chaves, com a invocação do disposto no artigo 571 n. 1 do Codigo de Processo Penal anterior. A Relação do Porto confirmou esta decisão. E desse acordão que recorre o Ministerio Publico, porque competente seria, antes, o Tribunal de Circulo. Cumpre decidir. II - Não oferece qualquer duvida que com a instalação do Tribunal de Circulo de Chaves, a competencia para conhecer do processo de querela contra o A passou para esse novo Tribunal (artigo 81 da Lei 38/87 e artigo 55, 2 do Decreto-Lei 214/88). Todavia, veio, mais tarde, a constatar-se que o Reu se encontrava em parte incerta de Espanha, pelo que o julgamento se deveria fazer, não em tribunal colectivo, mas pelo juiz singular (artigo 571, 1 do Codigo de Processo Penal anterior). O Senhor Juiz de Circulo e a...
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