Acórdão nº 0123496 de Court of Appeal of Porto (Portugal), 17 de Janeiro de 1990
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 17 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CONST89 ART32 N1 N5. CPP87 ART113 N1 ART335 ART123 N2.
Sumário: I - A lei pretende que os actos processuais que dizem respeito aos arguidos sejam efectivamente levados ao seu conhecimento, sobretudo, pela sua importância e possíveis reflexos, o despacho que designa dia para julgamento, só assim, se respeitando as garantias de defesa e o princípio do contraditório - artigo 32, nºs 1 e 5, da Constituição; II - A notificação ao arguido daquele despacho há-de efectuar-se em conformidade com o disposto no artigo 113, nº 1, do Código de Processo Penal, não bastando a notificação ao defensor - cf. nº 5; III - A notificação edital só tem lugar nos casos em que a lei a admite - artigo 113, nº 1, alínea c), do Código de Processo Penal - e porque não oferece nenhuma garantia de que o arguido tomará conhecimento do acto processual, haverá que ser extremamente cauteloso na realização das diligências no sentido de apurar o paradeiro do notificando; IV - Assim, só depois de realizadas todas as diligências legalmente admissíveis, se deve proceder à notificação por éditos - artigo 335, do Código de Processo Penal; V - Nos termos das...
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