Acórdão nº 039603 de Supremo Tribunal de Justiça (Portugal), 04 de Outubro de 1988 (caso NULL)
Data | 04 Outubro 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CAVALEIRO DE FERREIRA IN CURSO DE PROCESSO PENAL VIII PAG168. MAIA GONÇALVES IN CPP ART327.
Área Temática: DIR PROC PENAL.
Legislação Nacional: DL 78/87 DE 1987/02/17 ART7. DL 14/84 DE 1984/01/11 ART3 N1 ART4 N2 ART6. CONST82 ART32 N5. D 13004 DE 1927/01/12 ART23 ART24. LUCH ART3 ART14 ART17 ART28 ART29 ART40 ART41.
Jurisprudência Nacional: AC STJ DE 1983/05/25 IN BMJ N327 PAG493. AC STJ DE 1986/11/19 IN BMJ N361 PAG269. ASS STJ DE 1980/11/20 IN BMJ N301 PAG263. AC STJ DE 1984/10/30 IN BMJ N340 PAG255. AC STJ DE 1985/07/25 IN BMJ N349 PAG313.
Sumário : I - A partir da data da entrada em vigor do Decreto_Lei n. 14/84, de 11 de Janeiro, a instrução contraditoria deixou de ser obrigatoria nas querelas por crimes de emissão de cheque sem provisão: o Ministerio Publico e o assistente so a podem requerer quando, concluido o inquerito, não houver prova bastante para requerer o julgamento e seja de presumir que se complete a prova indiciaria contra o arguido; e, quando requerida por este, tem a dupla finalidade de completar o inquerito, concorrendo com ele para a descoberta da verdade e possibilitar-lhe uma defesa antes da formação da culpa, evitando o julgamento. II - A instrução contraditoria so se justifica, porem, quando tem em vista uma finalidade util, porquanto, no processo, alem de ser proibida a pratica de actos inuteis, tambem são de proibir actos que não podem ter a virtualidade de completar a instrução preparatoria. III - Nos crimes de emissão de cheque sem provisão, a instrução contraditoria e inutil quando...
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