Acórdão nº 0310448 de Court of Appeal of Porto (Portugal), 20 de Junho de 1990
Magistrado Responsável | LUCIANO CRUZ |
Data da Resolução | 20 de Junho de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART22 ART23 ART131. CPP29 ART359.
Sumário: I - A finalidade da instrução contraditória tanto pode ser a de completar a prova indiciária já recolhida, como a de proporcionar ao arguido, antes da formação definitiva da culpa, um meio complementar de defesa; II - Requerendo o Ministério Público a abertura da instrução contraditória " contra " os arguidos, indicia isso que agiu com a intenção de deduzir contra eles uma querela que teria de ser necessariamente provisória; III - Nos processos de querela, e no domínio do Código de Processo Penal de 1929, sempre era imposto por lei a abertura e realização da instrução contraditória, daí que se passou a substituir a declaração de acusação pelo requerimento de abertura da instrução contraditória; IV - Tal requerimento, todavia, e em substância, preenche, ou preenchia, a função da acusação provisória, pelo que, procedendo o Ministério Público como vai dito na conclusão II., não procede a alegação ou invocação da inexistência da acusação por parte daquela entidade pública; V - A produção de lesões com...
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