Acórdão nº 9350311 de Court of Appeal of Porto (Portugal), 09 de Junho de 1993
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 09 de Junho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/ESTADO / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP886 ART188. CP82 ART10 N2 ART388 N1. CPP87 ART410 N2 ART426.
Jurisprudência Nacional: AC RC DE 1988/07/01 IN CJ ANOXIII T3 PAG110. AC RP DE 1988/12/21 IN CJ ANOXIII T5 PAG235. AC STJ DE 1992/05/06 IN CJ ANOXVII T4 PAG5.
Sumário: I - O vício do nº 2 alínea a) - insuficiência para a decisão da matéria de facto provada - do artigo 410 do Código de Processo Penal - não é de conhecimento oficioso. II - Não tendo o representante do Ministério Público em 1ª instância arguido aquela nulidade, antes aceitando que a sentença não enfermava de qualquer vício, não pode o Ministério Público no tribunal de recurso argui-la, pois deverá considerar-se a intervenção de cada representante desta magistratura em processo penal - feito na sede, nos termos legais e no exercício da competência própria - como a posição definitiva. III - A desobediência a uma decisão proferida em providência cautelar de restituição provisória de posse integra o crime do...
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