Acórdão nº 9230940 de Court of Appeal of Porto (Portugal), 02 de Dezembro de 1992
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 02 de Dezembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CP82 ART297 N2 C H ART306 N1 N5. CPP87 ART202 N1 A ART204 A C ART209 N1.
Jurisprudência Nacional: AC RP PROC9210185 DE 1992/03/18.
Sumário: I - Indiciada a prática de um crime de roubo, previsto e punido pelos artigos 306, nºs 1 e 5 e 297, nº 2, alíneas c) e h), ambos do Código Penal, a que corresponde pena de prisão de máximo superior a 8 anos, verifica-se uma das hipóteses contempladas no artigo 209, nº 1, do Código de Processo Penal, onde se estabelece uma presunção de necessidade da prisão preventiva, no caso não ilidida. Por isso se deve manter o arguido nessa situação. II - Aliás, sempre seria de manter essa medida por se verificarem os requisitos gerais dos artigos 202 nº 1 alínea a) e 204 alíneas a) e c), do Código de Processo Penal indícios de justificado receio de...
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