Acórdão nº 0225756 de Court of Appeal of Porto (Portugal), 23 de Janeiro de 1991
Magistrado Responsável | ALVES RIBEIRO |
Data da Resolução | 23 de Janeiro de 1991 |
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: CP82 ART148 N3 N4. CPP87 ART49 N3 ART112. CPC67 ART40.
Sumário: I - A queixa pelo crime do Artigo 148 nº 3 do Código Penal ( crime de natureza semi-pública - cf. seu nº 4 ) apresentada por mandatário judicial munido de poderes forenses gerais não representa uma queixa válida e, como tal, não produz os correspondentes efeitos legais. II - Por isso, se mais tarde, no decurso do inquérito, a titular do direito de queixa afirmou desejar a continuação do procedimento criminal contra o denunciado, mas só o fez depois de decorrido o prazo de 6 meses previsto no Artigo 112, do Código de Processo Penal essa declaração não valida aquela queixa. III - O disposto no Artigo 40 do Código de...
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