Acórdão nº 0310803 de Supremo Tribunal Administrativo (Portugal), 22 de Setembro de 1993 (caso None)
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 22 de Setembro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CCJ62 ART192. CPP87 ART107 N2 ART411 N3. CPC67 ART145 N6 ART292 N1 N3 ART666 N1 N3 ART687 ART690 N1 N2.
Jurisprudência Nacional: AC RL DE 1977/02/11 IN BMJ N266 PAG205.
Sumário: I - O prazo de pagamento da taxa de justiça, fixado no art. 192 do Código das Custas Judiciais (CCJ), conta-se a partir da apresentação do requerimento de interposição do recurso ou da sua formulação no processo, independentemente de exibição posterior da motivação [art. 411, n. 3, do Código de Processo Penal (CPP)]. II - As regras dos n. 5 e 6, art. 145 do Código de Processo Civil (CPC) não se aplicam, hoje, ao processo penal, já que o art. 107, n. 2, do CPP, é taxativo (a prática de actos processuais fora dos prazos estabelecidos por lei só pode ser admitida se - e apenas se - se provar justo impedimento), motivo por que não tem a secção de notificar o recorrente para pagar a taxa de justiça, embora com multa, se não for invocado e provado justo impedimento. III - Embora admitido o recurso, o juiz pode, mais tarde, julgar extinta a instância, com fundamento em falta de pagamento da taxa de justiça de interposição, pois a mera admissão...
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