Acórdão nº 0123553 de Court of Appeal of Porto (Portugal), 31 de Janeiro de 1990
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 31 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART411 N1 ART117 N2. CPC67 ART145 N5 ART687 N4.
Sumário: I - Em processo penal, o prazo de interposição de recurso é de 10 dias, a contar da notificação da decisão - artigo 411, nº 1, do Código de Processo Penal -, sendo que tal prazo é peremptório, só podendo ser alterado, admitindo-se a prática do acto para além dele, por despacho da autoridade judiciária, quando e se se prova justo impedimento - artigo 117, nº 2, do Código de Processo Penal; II - Regulando o Código de Processo Penal toda a matéria respeitante a prazos, nomeadamente a que respeita aos de recursos, não é aplicável, em processo penal, o artigo 145, nº 5, do Código de Processo Civil; III - O legislador conhecia perfeitamente este preceito, pelo que se deve concluir que se se pretendesse a aplicação em processo penal daquele artigo 145, não teria deixado de o referir, como fez quanto ao justo impedimento; IV - Interpondo o Recorrente o seu recurso sem invocar...
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