Acórdão nº 0310201 de Court of Appeal of Porto (Portugal), 16 de Maio de 1990
Magistrado Responsável | EMIDIO TEIXEIRA |
Data da Resolução | 16 de Maio 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 ART193 N1 ART204 ART403 ART412.
Jurisprudência Nacional: AC RP PROC0409133 DE 1990/02/21.
Sumário: I - A aplicação concreta de uma medida de coacção exige a verificação dos requisitos especiais que lhe são próprios e de um dos requisitos gerais taxativamente enunciados no artigo 204 do Código de Processo Penal. II - Apesar de indiciado o receio de que o arguido continue a sua actividade criminosa ( indiciado pela prática, em forma continuada, de um crime de peculato do artigo 424 nº 1, do Código Penal ), não se justifica que se lhe imponha a obrigação de prestar caução se não houver necessidade de o forçar a comparecer em juízo ( cfr. artigo 193 nº 1 do Código de Processo Penal ). III - Tendo o Ministério Público interposto recurso do despacho que colocou o arguido em liberdade provisória mediante termo de identidade por entender que se deve...
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