Acórdão nº 0296983 de Supremo Tribunal Administrativo (Portugal), 17 de Fevereiro de 1993 (caso None)
| Data | 17 Fevereiro 1993 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC PENAL.
LegislaÁ„o Nacional: CPP87 ART68 N2 ART277 N3 ART278 ART279 ART283 N5 ART287 N1.
JurisprudÍncia Nacional: AC RC DE 1990/12/05 IN CJ ANOXV T5 PAG88. AC RP DE 1990/07/11 IN CJ ANOXV T4 PAG247. AC RL PROC27512/3 DE 1992/02/12.
Sum·rio: I - A faculdade de requerer a instruÁ„o È exclusivamente conferida ao assistente e ao arguido e sÛ pode ser exercida no prazo de 5 dias a contar da notificaÁ„o da acusaÁ„o e do arquivamento (artigo 287, n. 1, do CÛdigo de Processo Penal); tal notificaÁ„o sÛ È feita ao arguido e ao assistente (artigos 283, n. 5, 277, n. 3, "in fine", e 113, n. 1, do CÛdigo de Processo Penal), motivo por que o denunciante com a faculdade de se constituir assistente, a quem, nesta qualidade, foi simplesmente comunicado o arquivamento (artigo 277, n. 3, 1 perÌodo, CPP), n„o a pode vir requerer, pois sÛ ao assistente...
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