Acórdão nº 9210169 de Court of Appeal of Porto (Portugal), 27 de Maio de 1992
Magistrado Responsável | CARLOS FIGUEIREDO |
Data da Resolução | 27 de Maio de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CPP29 ART158. CP82 ART117 N1 C ART120 N1 A. CPP87 ART58 ART61 ART262 N1.
Jurisprudência Nacional: AC RP DE 1985/04/24 IN BMJ N346 PAG310. AC RC DE 1985/05/22 IN BMJ N347 PAG471. AC RP PROC0224249 DE 1989/07/12. AC RP DE 1991/03/13 IN CJ T2 ANOXVI PAG293. AC RP PROC9130972 DE 1991/05/13.
Sumário: I - Actualmente, o inquérito equivale à anterior instrução preparatória, pois as finalidades de um e de outro são equivalentes ( artigo 158 do Código de Processo Penal de 1929 e artigo 262 nº1 do Código de Processo Penal de 1987 ). II - O inquérito é dirigido pelo Ministério Público perante quem normalmente o agente do crime é constituído arguido e interrogado nessa qualidade, acto que encerra uma certa solenidade, pois através dele o agente adquire o estatuto de arguido passando a ser sujeito de direitos e deveres processuais...
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