Acórdão nº 9150377 de Court of Appeal of Porto (Portugal), 13 de Maio de 1991
Data | 13 Maio 1991 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART82 N2 ART105 N1 ART379 ART410 N2 A. D 13004 DE 1927/01/12 ART23 ART24 N1 N2 C.
Jurisprudência Nacional: AC STJ DE 1986/05/21 IN BMJ N357 PAG235. AC STJ DE 1989/02/09 IN BMJ N384 PAG390.
Sumário: I - A nulidade da sentença prevista no artigo 379 do Código de Processo Penal não é de conhecimento oficioso, apenas podendo ser conhecida se os interessados na anulação a arguirem atempadamente, ocorrendo a respectiva sanação se o não fizerem. II - No caso de recurso a arguição de nulidades da sentença pode ser feita na motivação ou, não havendo recurso, no prazo geral de 5 dias ( artigo 105, nº 1 do Código de Processo Penal ). III - No crime de emissão de cheque sem provisão a indemnização a arbitrar aos ofendidos corresponderá ao montante do cheque não pago e respectivos juros contados da data da sua apresentação a pagamento até à sua liquidação. IV -...
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