Acórdão nº 9050030 de Court of Appeal of Porto (Portugal), 09 de Maio de 1990
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 09 de Maio de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART98 N1 N8 ART83 N8 ART418 ART562. CP82 ART114 N2.
Sumário: I - A presença do arguido em julgamento é obrigatória - artigo 418 do Código de Processo Penal de 1929 - só assim se garantindo o exercício do seu direito de defesa e a observância do princípio do contraditório; II - A notificação edital de um arguido que não foi procurado na sua real residência mas noutra que não é sua constitui nulidade insanável, nos termos dos nºs 1 e 8 do artigo 98 do mesmo Código e acarreta a nulidade de todo o processo desde o despacho que designou dia para julgamento; III - É que, na vigência daquele Código, o Tribunal só deveria lançar mão do processo de ausentes se de todo em todo fosse impossível localizar o acusado - artigo 83, nº 8 do citado Código - uma vez que tal forma de processo só era legítima quando os arguidos acusados de qualquer infracção penal não...
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