Acórdão nº 037045 de Supremo Tribunal Administrativo (Portugal), 07 de Julho de 1983 (caso None)
Magistrado Responsável | VASCONCELOS DE CARVALHO |
Data da Resolução | 07 de Julho de 1983 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - EXTRADIÇÃO.
Legislação Nacional: DL 437/75 DE 1975/08/16 ART1 N1 ART7 ART12 ART20 N2 ART22 F ART24 N2 ART25 ART28 N1 N2 ART29 ART42 N3. CP886 ART421 N2 ART453.
Jurisprudência Nacional: AC STJ DE 1969/10/01 IN BMJ N190 PAG223.
Sumário : I - A aceitação, pelo Governo, do pedido de extradição constitui mero acto da Administração, não se tratando de uma resolução de conteudo generico, pelo que a sua eficacia não depende da sua publicação no Diario da Republica - artigo 122 da Constituição, na redacção da Lei Constitucional n. 1/82, de 30 de Setembro, e artigo 1, n. 1, alinea e), do Decreto-Lei n. 3/83. II - Nos termos do artigo 1, n. 1, do Decreto-Lei n. 437/75, de 16 de Agosto, ha que observar o disposto nos artigos 25 e seguintes deste diploma: a falta de junção do documento donde conste o pedido de extradição não constitui nulidade prevista no artigo 98, n. 1, do Codigo de Processo Penal, nem tal nulidade pode verificar-se no processo de extradição, uma vez que neste processo não existe corpo de delito; a falta do proprio pedido de extradição determina necessariamente o arquivamento do processo, nos termos do n. 2 do artigo 28 daquele Decreto-Lei: a não apresentação desse documento com a promoção do...
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