Acórdão nº 9330002 de Court of Appeal of Porto (Portugal), 17 de Fevereiro de 1993
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 17 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART4. CPC67 ART672 ART675 N1. LOTJ87 ART3 N2. EMJ85 ART4 N1.
Jurisprudência Nacional: AC STJ DE 1964/04/01 IN BMJ N136 PAG232.
Sumário: I - O despacho do Juiz de Círculo que ordena a "separação das infracções" em processo em que por acórdão da Relação foi determinado que ao respectivo tribunal cabia a competência para o julgamento, em face da pena única correspondente ao cúmulo das diversas penas parcelares, e assim "devolve" ao Juiz singular a competência para o julgamento de cada infracção ou grupo de infracções nos processos assim organizados, viola o caso julgado formal implícito contido no acórdão de que necessariamente as infracções têm de ser apreciadas num só processo. II - Embora tal despacho - que, ao contrário do acórdão, entendeu não haver conexão entre os diversos crimes - tenha transitado em julgado, ante a...
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