Acórdão nº 9050795 de Court of Appeal of Porto (Portugal), 27 de Fevereiro de 1991
Magistrado Responsável | ALVES RIBEIRO |
Data da Resolução | 27 de Fevereiro de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: INQUÉRITO.
Decisão: ARQUIVADOS OS AUTOS.
Indicações Eventuais: A RELAÇÃO FUNCIONOU COMO TRIBUNAL DE PRIMEIRA INSTÂNCIA: PROCESSO CONTRA MAGISTRADO DA PRIMEIRA INSTÂNCIA.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART520 C. EOAD84 ART88.
Sumário: 1- O inquérito tem de ser havido como concluído e encerrado com o despacho do Ministério Público a ordenar a notificação do assistente para, querendo, deduzir acusação. A partir do momento em que o arguido reage a acusação o processo passa a fase judicial. 2- Assim, depois de concluido e encerrado o inquérito, não pode o Ministério Público na Relação mandar autuar de novo como inquérito todo o processado, donde já constavam requerimentos dirigidos a magistrado judicial ainda sem despacho e anular o que estava feito. 3- Nada impede que o juiz aprecie, ao mesmo tempo e no mesmo despacho, o pedido de constituição de assistente e se pronuncie sobre a acusação. 4- A acusação contra magistrado judicial pelo crime de injúrias que se limita a transcrever os seus despachos, acrescidos da conclusão de que " no seu conjunto e no seu todo são...
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