Acórdão nº 03P4047 de Supremo Tribunal de Justiça (Portugal), 28 de Janeiro de 2004 (caso NULL)
Magistrado Responsável | SOUSA FONTE |
Data da Resolução | 28 de Janeiro de 2004 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Acordam na secção criminal do Supremo Tribunal de Justiça. 1. 1.1. Por despacho proferido em 19/12/2001, a fls. 210 dos autos (Pº nº 98/94.9TBLRA), o Senhor Juiz do 3º Juízo de Leiria, declarou resolvido, ao abrigo do artº. 4º da Lei 29/99, de 12 de Maio, o perdão de 1 ano de prisão que havia concedido ao arguido A sob a condição resolutiva de não praticar infracção dolosa nos três anos subsequentes à data da entrada em vigor da mesma Lei. Inconformado, recorreu para o Tribunal da Relação de Coimbra que, pelo acórdão de fls. 285 e segs., confirmou aquela decisão. Irresignado, voltou novamente a recorrer, agora para este Supremo Tribunal, cuja motivação culmina com 17 conclusões onde, em síntese, invoca o trânsito em julgado formado sobre a matéria do referido despacho e o facto de não ser líquido que a infracção que motivou a resolução do perdão lhe tenha sido imputada a título de dolo. 1.2. O Senhor Procurador-Geral Adjunto do Tribunal recorrido respondeu, suscitando a questão prévia da irrecorribilidade do acórdão da Relação, visto o disposto nas alíneas c) e e) do nº 1 do artº 400º do CPP e, para a hipótese da sua improcedência, concluiu pela rejeição do recurso. 1.3. O seu Excelentíssimo Colega neste Tribunal, acompanhou-o naquela questão prévia, embora apenas fundamentada na alínea c) do mencionado preceito. Foi dado cumprimento ao nº 2 do artº 417º. 2. No...
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