Acórdão nº 038226 de Supremo Tribunal de Justiça (Portugal), 16 de Abril de 1986 (caso NULL)
| Magistrado Responsável | GAMA VIEIRA |
| Data da Resolução | 16 de Abril de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP29 ART98 ART100. CONST76 ART32 N4. DL 605/75 DE 1975/11/03 ART20.
Sumário : I - A indevida permanencia no processo das declarações obtidas durante o inquerito preliminar, não podendo enquadrar-se em qualquer dos numeros do artigo 98 do Codigo de Processo Penal, constitui, nos termos do artigo 100 deste diploma legal, simples irregularidade processual. II - Irregularidade que, quando não arguida atempadamente e não tendo influido no exame e decisão da causa, importa considerar sanada. III - A persistencia no processo, aquando do julgamento, das declarações obtidas ao longo do inquerito preliminar não ofende, por si so, qualquer preceito...
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