Acórdão nº 040211 de Supremo Tribunal de Justiça (Portugal), 04 de Outubro de 1989 (caso NULL)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 04 de Outubro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC PENAL. DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CCIV66 ART371 N1. CPP29 ART98 N1 PAR1 ART420 PAR3 ART421 ART457. DL 34564 DE 1945/05/02. DL 14/84 DE 1984/01/11 ART8 N2. D 13004 DE 1927/01/12 ART23 ART24.
Sumário : I - Na audiencia de discussão e julgamento em processo por crime de emissão de cheque sem provisão e obrigatoria a audição do ofendido. II - A não audição do ofendido, em audiencia de discussão e julgamento por crime de emissão de cheque sem provisão, sem que aquela se tenha relevado impossivel ou inviavel, cabe na previsão do n. 1 do artigo 98 do Codigo de Processo Penal de 1929, importando a nulidade da mesma audiencia bem como dos actos posteriormente praticados e que pela mesma sejam afectados, conforme o paragrafo 1 daquele artigo. III - Não constando da acta da audiencia de julgamento que a acusação e a defesa tenham produzido alegações orais ou que tenham sido solicitadas a faze-las, e de presumir que tais alegações...
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