Acórdão nº 0224543 de Court of Appeal of Porto (Portugal), 31 de Janeiro de 1990
Magistrado Responsável | LUCIANO CRUZ |
Data da Resolução | 31 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART14 ART15 ART16 ART381.
Sumário: I - Em princípio ( ressalvados os casos que a lei expressamente prevê ) o juiz singular não tem competência para julgar os processos por crimes cuja pena máxima, abstractamente aplicável ( mesmo que só em consequência do concurso de infracções ), seja superior a três anos de prisão. II - Em processo sumário, o tribunal é composto por um só juiz, sendo certo que este não pode, nessa forma de processo, intervir fora dos casos para que tem competência, sob pena de falta de lógica do sistema ou de grave incongruência. III - Se se perfilhasse o entendimento de que o artigo 381 do Código de Processo Penal permite julgar em processo sumário um concurso de infracções puníveis com penas de prisão até dois anos e oito meses e prisão até um ano, estariamos a defender a opinião de que o juiz singular pode julgar fora dos casos para que é competente, o que é claramente...
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