Acórdão nº 0408560 de Court of Appeal of Porto (Portugal), 14 de Março de 1990
Magistrado Responsável | LUIS VALE |
Data da Resolução | 14 de Março de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ANULADO O PROCESSADO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CONST82 ART32 N5. CPP29 ART351.
Sumário: I - Nos termos do número 5 do artigo 32 da Constituição da República o processo criminal tem estrutura acusatória, cabendo ao Ministério Público o exercício da acção penal - artigo 224 da citada Constituição. II - A titularidade pelo Ministério Público da acção penal constitui uma das garantias de imparcialidade e independência concedidas aos acusados aquando do seu julgamento. III - Se o juiz pratica actos privativos da competência do Ministério Público, tal como o exercício da acção penal, a actividade correspondente é juridicamente inexistente. IV - Nos termos do artigo 351 do Código de Processo Penal de 1929, " se o juiz entender que se provaram factos diversos dos apontados pelo Ministério Público de que resulta uma alteração substancial da acusação, assim o declarará em despacho fundamentado, ordenando que o processo lhe volte com vista para poder deduzir...
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