Acórdão nº 9710871 de Supremo Tribunal Administrativo (Portugal), 28 de Janeiro de 1998 (caso None)
| Magistrado Responsável | BAIÃO PAPÃO |
| Data da Resolução | 28 de Janeiro de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART61 N1 D ART119 C ART330 N1.
Sumário: I - Não tendo o defensor oficioso do arguido chegado a ser notificado da data da 1ª sessão do julgamento, na qual se procedeu ao interrogatório do arguido e à inquirição de uma testemunha, não era possível desencadear o mecanismo de substituição regulado no artigo 330 n.1 do Código de Processo Penal. II - Por isso, haverá que concluir que aquele interrogatório e a inquirição da testemunha realizaram-se " na ausência de defensor ", e que o substituto foi nomeado sem título legal que pudesse legitimar a...
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