Acórdão nº 9210021 de Court of Appeal of Porto (Portugal), 29 de Abril de 1992
| Magistrado Responsável | PEREIRA MADEIRA |
| Data da Resolução | 29 de Abril de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART49 N1 N3 ART68 N2 ART277 N1 ART286 N1 ART287 ART279. D 13004 DE 1927/01/12 ART24 N1.
Jurisprudência Nacional: AC RP DE 1990/12/19 IN CJ ANOXV T5 PAG227. AC RP DE 1990/07/11 IN CJ ANOXV T4 PAG247.
Sumário: I - Relativamente a crime semi-público, uma vez ordenado o arquivamento do inquérito pelo Ministério Público, pode o denunciante com a faculdade de se constituir assistente usar dela e, consequentemente, requerer a abertura da instrução. II - A fiscalização da legalidade da actuação do Ministério Público, quando se abstenha de acusar, é promovida pelo assistente a quem a lei atribui legitimidade para a submeter à apreciação da jurisdição ( artigo 287 do Código de Processo Penal ); a instrução a requerimento do assistente cumpre essa finalidade. III -...
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