Acórdão nº 035861 de Supremo Tribunal Administrativo (Portugal), 30 de Abril de 1980 (caso None)
Data | 30 Abril 1980 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART27 PARUNICO ART98 ART649. CPC67 ART292 N1 ART668 N1 D ART690 N2 N3. DL 35007 DE 1945/10/13 ART49.
Sumário : I - Os recursos, por falta de alegação do recorrente, são logo julgados desertos, nos termos do n. 1 do artigo 292 e do n. 2 do artigo 690 do Codigo de Processo Civil, aplicaveis aos recursos em processo penal - artigo 649 do Codigo de Processo Penal. II - A deserção do recurso, quando houver lugar a ela, deve ser decretada no tribunal em que a falta ocorreu - artigo 292, n. 3, do Codigo de Processo Civil. Deixando de conhecer das deserções que devia apreciar, cometeu-se a nulidade de omissão de pronuncia, prevista na alinea d) do n. 1 do artigo 668 do Codigo de Processo Civil, aplicavel ao processo penal. III - Em processo de querela e obrigatoria a nomeação de defensor oficioso, a fazer no despacho de pronuncia, se não houver advogado constituido - artigo 49 do Decreto-Lei n. 35007, de 13 de Outubro de 1945. IV - Havendo renuncia do advogado constituido, tem de ser feita a sua substituição - artigo 27, paragrafo unico, do Codigo de Processo Penal e 39 do Codigo de Processo Civil - por novo advogado com procuração ou por defensor...
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