Acórdão nº 0409082 de Court of Appeal of Porto (Portugal), 07 de Fevereiro de 1990
Magistrado Responsável | LUCIANO CRUZ |
Data da Resolução | 07 de Fevereiro 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: CPP29 ART98 N1 N8 ART99 ART418.
Sumário: I - Face ao disposto no parágrafo 8 do artigo 83, do Código de Processo Penal de 1929, a notificação do arguido só deve ser feita por éditos se o juiz, utilizados todos os meios ao seu alcance, não conseguir averiguar o paradeiro daquele; II - Se, nos autos, se encontra uma ficha bancária do arguido de onde consta a residência do arguido e até o seu local de trabalho e, mesmo assim, sem utilizar essa informação, o juiz determina a notificação edital do arguido para julgamento, omitem-se diligências essenciais para a descoberta da verdade - artigos 98 e 99, do Código de Processo Penal de 1929; III - A presença do arguido em audiência impõe-se em homenagem ao seu direito de defesa e por isso é que só excepcionalmente o julgamento se pode fazer sem a sua...
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