Acórdão nº 0063235 de Supremo Tribunal Administrativo (Portugal), 26 de Outubro de 1993 (caso None)
Magistrado Responsável | SORETO DE BARROS |
Data da Resolução | 26 de Outubro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CASTRO E SOUSA IN OS MEIOS DE COACÇÃO NO NOVO CÓDIGO DE PROCESSO PENAL.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM.
Legislação Nacional: CPP87 ART127 ART193 N2 ART202 N1 ART204 ART209 ART211 ART212 N1 ART213. CP82 ART131 ART132 N1 N2 G. CONST76 ART27 ART28.
Sumário: I - O art. 209-A CPP não estabelece qualquer excepção ou limitação ao princípio da subsidiariedade da prisão preventiva, nem criterio, em princípio aplicável, aos crimes que prevê: limita-se, pura e simplesmente, a fazer uma exigência adicional de motivação que não é exigida quando a medida considerada necessária for a prisão preventiva. II - Ao arguido imputa-se, indiciariamente, a prática de um crime de homicídio qualificado, descrito nos arts. 131 e e 132, ns 1 e 2, al. g), do Código Penal, cuja penalidade, no seu limite máximo, é de 20 anos...
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