Acórdão nº 0276163 de Supremo Tribunal Administrativo (Portugal), 18 de Março de 1992
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 18 de Março de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: DL 78/87 DE 1987/02/17 ART7. DL 605/75 DE 1975/11/03 ART20. CP82 ART114 N2. CPC67 ART712 N2. CPP29 ART1 PARÚNICO.
Sumário: I - Do direito de queixa, respeitante a crimes cujo procedimento criminal depende de queixa (artigo 111 do Código Penal (CP)), pode o queixoso desistir até à publicação da sentença em 1. Instância, desde que não haja oposição do arguido (artigo 114, n. 2, CP), valendo como não oposição (ou aceitação) quer declaração expressa de que aceita ou se lhe não opõe, quer se a sua aceitação (tácita) for o resultado de advertência contida em notificação de que o silêncio vale como não oposição, e nada se disser. Mas já na falta de uma tal notificação, não sendo seguro que o arguido tomou conhecimento da desistência e não lhe tendo sido predefinido o valor declarativo do seu silêncio, o facto dele nunca se ter pronunciado sobre a desistência não pode equivaler a aceitação tácita (não oposição). II - Estando alegado na acusação que os réus "actuaram com o propósito de maltratarem corporalmente a ofendida e de que lhe provocaram as referidas lesões e, bem assim...
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