Acórdão nº 9340326 de Court of Appeal of Porto (Portugal), 12 de Maio de 1993
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 12 de Maio 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 - RECURSOS.
Legislação Nacional: CP82 ART316 N1 C. CPP87 ART405 N2 ART417 N2 A. DL 108/78 DE 1978/05/24 ART2 N1 ART3 N2 B.
Sumário: I - Se, com a interposição de um recurso, o Ministério Público não obtem qualquer efeito útil que não pudesse deixar de obter sem ele, falta uma das condições de admissibilidade do mesmo, o que obsta ao seu conhecimento - artigos 405, nº 2 e 417, nº 2, alínea a) do Código de Processo Penal. II - Está nas condições referidas na conclusão I. o recurso de um despacho judicial em que se decidiu, com a concordância do Ministério Público, que os factos constantes da acusação não integram o crime nela referido, e no qual se pretende que o Juiz deveria ter declarado o seu Tribunal materialmente incompetente e ordenado a remessa dos autos ao Tribunal de Polícia no pressuposto de que os factos em causa integrariam matéria contravencional. III - Assim, se o Ministério Público acusou um arguido de ter cometido o...
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