Acórdão nº 038147 de Supremo Tribunal de Justiça (Portugal), 11 de Dezembro de 1985 (caso NULL)
Data | 11 Dezembro 1985 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO.
¡rea Tem·tica: DIR PROC PENAL.
LegislaÁ„o Nacional: CPP29 ART1 PARUNICO ART98 ART99 ART100 ART366 N2 ART370 ART389 PARUNICO ART666 N3. CPC67 ART668 N1 D ART670. DL 41075 DE 1957/04/17. DL 185/72 DE 1972/05/31. DL 605/75 DE 1975/11/03. DL 618/76 DE 1976/07/27. DL 377/77 DE 1977/09/06.
JurisprudÍncia Nacional: AC STJ DE 1954/10/13 IN BMJ N45 PAG111. AC STJ DE 1974/03/26 IN BMJ N235 PAG181.
Sum·rio : I - Em processo de querela, o despacho de pronuncia, alem de mais, contera "a indicaÁ„o precisa dos factos por que s„o responsaveis (os arguidos) e em que qualidade" - - n. 2 do artigo 366 do Codigo de Processo Penal. II - Assim, n„o basta que, no despacho de pronuncia lavrado em processo de querela, o juiz se limite a remeter para os factos constantes da acusaÁ„o, o que, de resto, tambem e confirmado pelo artigo 370 do Codigo de Processo Penal, quando determina que o despacho de pronuncia seja notificado ao Ministerio Publico, a parte acusadora e aos indiciados, pois, de outra forma, todas estas entidades ficariam sem saber quais os factos imputados aos arguidos...
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