Acórdão nº 035435 de Supremo Tribunal de Justiça (Portugal), 28 de Março de 1979 (caso NULL)
| Magistrado Responsável | BOTELHO DE SOUSA |
| Data da Resolução | 28 de Março de 1979 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: ANULADO O JULGAMENTO.
¡rea Tem·tica: DIR PROC PENAL.
LegislaÁ„o Nacional: CP886 ART361 PARUNICO. CPP29 ART98 N7 ART475 ART472 ART481. DL 679/75 DE 1975/12/09 ART12.
JurisprudÍncia Nacional: AC STJ DE 1977/11/16 IN BMJ N115 PAG271. AC STJ DE 1977/03/03 IN BMJ N265 PAG149. AC STJ DE 1975/10/26 IN BMJ N270 PAG115.
Sum·rio : I - A falta do numero legal de jurados em julgamento, tanto pode ser numerica como qualificativa, ou seja, o caso do tribunal funcionar com jurados diversos dos que, a face da lei, o deviam formar. II - A falta de notificaÁ„o de um jurado faltoso, que havia justificado a falta, para o novo dia designado para o julgamento constitui uma nulidade, prevista no n. 7 do artigo 98 do Codigo de Processo...
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