Acórdão nº 0408431 de Court of Appeal of Porto (Portugal), 31 de Janeiro de 1990
| Magistrado Responsável | FERNANDO SEQUEIRA |
| Data da Resolução | 31 de Janeiro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: CPP29 ART566. CP886 ART245. CP82 ART408 N1.
Sumário: I - Nada há na lei, designadamente no artigo 566, do Código de Processo Penal de 1929, que imponha que a dispensa de comparecimento do réu, nos termos desse artigo, tenha de ser previamente requerida por este, sendo uma faculdade atribuída ao tribunal como se vê do próprio texto do artigo, nomeadamente do termo " ... poderá... ", pelo que, assim procedendo o juiz, não se comete qualquer nulidade; II - São elementos constitutivos do crime de denúncia caluniosa previsto e punido pelo artigo 245, do Código Penal de 1886 e artigo...
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