Acórdão nº 9250188 de Court of Appeal of Porto (Portugal), 24 de Fevereiro de 1993
Data | 24 Fevereiro 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART98 ART1 PARÚNICO ART341 ART349 ART358. CPC67 ART145 N3 ART147.
Sumário: I - No Código de Processo Penal de 1929 não existe regulamentação adequada em matéria de prazos. II - Não é taxativa a enumeração das nulidades constantes do artigo 98 daquele Código. III - Nos termos dos artigos 145, nº 3 e 147 do Código de Processo Civil, aplicáveis " ex vi " do artigo 1, parágrafo único do Código de Processo Penal referido, o prazo para deduzir acusação ( artigo 341, 349 e 358 deste diploma ), estando fixado por lei, é um prazo peremptorial improrrogável cujo decurso implica a caducidade do direito de praticar o acto. IV - Tendo o juiz proferido despacho em que dá cobertura à prorrogação do prazo para dedução da...
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