Acórdão nº 0310366 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. CONFIRMADA A DECISÃO.
Área Temática: DIR TRIB - DIR CUSTAS JUD. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CCJ62 ART110 N1 ART183 N2 ART187 N1 N3 ART192 N1.
Sumário: I - Os réus presos gozam de isenção do imposto de justiça pela interposição de recursos em 1ª instância e do imposto inicial na instância superior; II - Tal benefício, todavia, não aproveita aos réus que recuperem a liberdade pelo simples facto da interposição do recurso, ainda que sob caução já prestada; III - É que, nos recursos, há dois impostos: um, pago no tribunal recorrido - artigo 192, do Código das Custas Judiciais - cujo não pagamento implica a deserção do recurso; outro, dito imposto - preparo, pago no tribunal " ad quem " cujo não pagamento impede o seguimento do recurso - idem, artigo 187 nº 1; IV - Se o recurso não tem por efeito manter a liberdade do réu, o prazo para pagamento do imposto é o de sete dias, contados da data da interposição do recurso; se o recurso tem o referido " efeito " o imposto devido pela...
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