Acórdão nº 0270943 de Supremo Tribunal Administrativo (Portugal), 18 de Março de 1992 (caso None)
Magistrado Responsável | HENRIQUES EIRAS |
Data da Resolução | 18 de Março de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC PENAL - RECURSOS. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CPP87 ART4 ART107 N2 N3 ART407 ART413 N1. CPC67 ART146 N1. CCJ62 ART185 B. DL 85-C/75 DE 1975/02/25 ART49 N5 ART52. DL 377/88 DE 1988/10/24 ART3.
Sumário: I - Não há lugar a condenação em custas se a entrega tardia de documentos se imputa a justo impedimento - como é o caso do requerente os não ter apresentado em prazo, por ter ficado retido no Aeroporto de Lisboa, "devido a condições metereológicas", sendo cancelado o voo para o Funchal -, conforme disposto nos artigos 107, ns. 2, 3 e 4, código de Processo Penal (CPP) e 146, n. 1, Código de Processo Civil. É que a disposição do artigo 185, alínea b), do Código das Custas Judiciais aplica-se a "incidentes estranhos ao andamento normal do processo" e não a todo e qualquer incidente, como é o caso de o Tribunal haver reconhecido que o impedimento era justo, - logo, o incidente não foi anómalo, foi evento estranho à vontade do recorrente e imprevisível: - ele não decaíu nem provocou o incidente, pelo que não havia lugar a imposto de justiça. II - O recurso interposto de decisão do TIC cominatória de custas por incidente de justo impedimento e de fixação do prazo de 10 dias para resposta do Ministério Público (MP) é de subida imediata. O momento de subida é regido pelo artigo 407 CPP, visto que o n. 5, artigo 49 do...
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