Acórdão nº 9220912 de Court of Appeal of Porto (Portugal), 19 de Maio de 1993
Magistrado Responsável | COSTA DE MORAIS |
Data da Resolução | 19 de Maio de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART64 N1 C ART119 C ART122 N1.
Sumário: I - No interrogatório de arguido menor de 21 anos, durante o inquérito, deve aquele ser obrigatoriamente assistido por defensor - artigo 64, nº 1, alínea c) do Código de Processo Penal; II - Se, sem defensor, o arguido menor é ouvido em inquérito, esse acto padece de uma nulidade insanável - artigo 119, alínea c) do Código de Processo Penal; III - As nulidades tornam inválido o acto em que se verificaram, bem como os que dele dependerem e os que aquelas puderem afectar - artigo 122, nº 1 do Código de Processo Penal; IV - De acordo com as conclusões anteriores, se o Ministério Público deduz acusação contra arguido menor de 21 anos interrogado em inquérito sem assistência...
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