Acórdão nº 0409022 de Court of Appeal of Porto (Portugal), 10 de Janeiro de 1990
Data | 10 Janeiro 1990 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CPP29 ART63 ART571 PAR1. LOTJ ART79 A ART81 N1 ART18. DL 214/88 DE 1988/06/17 ART55. L 38/87 DE 1987/12/27 ART54 ART79 A ART81 N1. CONST89 ART168 N1 Q.
Jurisprudência Nacional: P PGR DE 1986/06/19 IN BMJ N360 PAG269.
Sumário: I - Compete ao juiz do tribunal de círculo a quem o processo foi distribuído, o julgamento de réu pronunciado em processo de querela pendente naquele tribunal e que mais tarde se verifica estar ausente em parte incerta. II - É que, nos termos do Código de Processo Penal de 1929, o processo de querela devia ser julgado pelo tribunal colectivo, concebido este nos moldes da então vigente organização judiciária; como porém o réu se encontra ausente em parte incerta, a competência para o julgamento passou para o juiz da comarca ( artigos 63 e 571, parágrafo 1 daquele Código ), isto é, para o juiz do processo que proferiu o despacho de pronúncia e o preparou para julgamento. III - Face, porém, à nova organização judiciária, à data da instalação dos actuais tribunais de círculo, passaram estes a ser competentes para o julgamento, incumbindo ao respectivo juiz a quem foi...
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