Acórdão nº 9210167 de Court of Appeal of Porto (Portugal), 22 de Abril de 1992
Data | 22 Abril 1992 |
Órgão | 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: DL 85-C/75 DE 1975/02/26 ART52 N2. CPP87 ART32 ART308 N1 N3 ART311 N1 ART312 N1 ART313 N3 ART411 N1. CPP29 ART138. CPC67 ART145 N3 ART493 N2 N3 ART496 ART673. CCIV66 ART333 N1.
Jurisprudência Nacional: AC STJ DE 1980/10/28 IN BMJ N300 PAG347. AC STJ DE 1988/12/14 IN BMJ N382 PAG448. AC STJ DE 1989/01/13 IN BMJ N383 PAG476. AC STJ DE 1989/04/19 IN CJ ANOXIV T2 PAG12.
Sumário: I - O prazo para interposição de recurso nos processos por crime de imprensa é de 5 dias. II - A caducidade é uma excepção peremptória de conhecimento oficioso. III - Ao contrário do que acontecia no Código de Processo Penal de 1929 ( artigos 138 e seguintes ) o Código de Processo Penal vigente não estabelece o regime jurídico das excepções, salvo quanto ao que dispõe para a incompetência no seu artigo 32. IV - Assim, esse regime, " ex vi " do seu artigo 4, há-de buscar-se no Código de Processo Civil. V - Se o despacho saneador não analisou nem decidiu expressamente a excepção peremptória da caducidade do direito de acusar por parte da assistente esse despacho não pode constituir caso julgado quanto a tal questão. VI - Não é correcto considerar o despacho de saneamento ( artigo 311, nº 1 do Código de Processo Penal ) diferente do que...
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