Acórdão nº 9340024 de Court of Appeal of Porto (Portugal), 03 de Fevereiro de 1993
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 03 de Fevereiro de 1993 |
Emissor | 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: CPP87 ART204 ART209 ART212 ART213.
Sumário: I - Os requisitos gerais previstos no artigo 204, do Código de Processo Penal são alternativos, pelo que basta a verificação de um deles para, conjuntamente com os especiais de cada medida de coacção, legitimar a aplicação desta. II - Nas hipóteses contempladas pelo artigo 209, número 1, do mesmo Código, presume-se a inadequação ou insuficiência das outras medidas coactivas. Por isso, ocorrendo qualquer dos requisitos indicados no primeiro daqueles preceitos, a prisão preventiva só deverá deixar de ter lugar se a dita presunção foi ilidida e declarada em despacho fundamentado. III - Apesar de a decisão sobre a aplicação das medidas de coacção não ser definitiva ( artigos 212 e 213, do Código de Processo Penal ), ela é intocável e imodificável, enquanto não sobrevierem motivos que justifiquem legalmente nova tomada de posição ( condição " rebus sic stantibus " ). IV - Indiciado que as arguidas praticaram um crime previsto e punido pelo artigo 297, número 2, alínea h), do Código Penal e mostrando-se justificado o juízo sobre o perigo de continuação da actividade criminosa, caso elas fossem restituídas à liberdade, a prisão preventiva...
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