Acórdão nº 039160 de Supremo Tribunal Administrativo (Portugal), 04 de Novembro de 1987 (caso None)
Magistrado Responsável | JOSE CALEJO |
Data da Resolução | 04 de Novembro de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC PENAL - TEORIA GERAL.
LegislaÁ„o Nacional: CPP29 ART98 N1 N4 PAR2 ART99 N1 PARUNICO ART100. CPC67 ART449 N1 A ART673 ART675 N2. CP886 ART433. CONST82 ART32 ART352.
Sum·rio : I - A falta da presenÁa do defensor nomeado ao arguido, nos actos de interrogatorio e acareaÁ„o deste, n„o constitui nulidade - nem a do n. 4 nem a do n. 1 do artigo 98 do Codigo de Processo Penal de 1929 - aquela porque havia defensor nomeado e esta ja que n„o ha falta ou insuficiencia de corpo de delito. II - Em tal caso, havera uma irregularidade, qual seja a do arguido n„o estar assistido pelo defensor oficioso, quando ouvido e acareado, da previs„o do artigo 100 do Codigo de Processo Penal de 1929, sanada, por n„o ter sido objecto de reclamaÁ„o tempestiva. III - Mas ate que se concedesse que houvesse...
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