Acórdão nº 9840723 de Court of Appeal of Porto (Portugal), 21 de Outubro de 1998 (caso NULL)
| Data | 21 Outubro 1998 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART119 C ART122 N1 ART123 N2 ART297 N4 ART298 ART300.
Sumário: I - A ausência do arguido no debate instrutório, ainda não adiado, nomeadamente por omissão ilegal da sua notificação, constitui nulidade insanável, que deve ser oficiosamente declarada em qualquer fase do processo, tornando inválido o acto e os que dele dependerem e aquele puder afectar. II - Mesmo que assim não fosse, e estivessemos perante simples irregularidade, não estava o tribunal impedido de oficiosamente ordenar a respectiva reparação. Há...
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