Acórdão nº 9320348 de Court of Appeal of Porto (Portugal), 09 de Junho de 1993
Data | 09 Junho 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART105 N1 ART118 N2 ART120 N2 D ART122 ART328 N6 ART374 N2 ART379 A.
Jurisprudência Nacional: AC RP PROC9210182 DE 1992/09/24.
Sumário: I - Tendo decorrido mais de 30 dias entre a audiência em que foi produzida toda a prova e a data em que foi proferida a sentença, a prova perdeu eficácia, circunstância que acarreta a nulidade da sentença; II - Trata-se de nulidade prevista no artigo 120 nº 2 alínea d) do Código de Processo Penal, na medida em que se omitiram diligências essenciais para a descoberta da verdade ( artigos 118 nº 2, 374 nº 2 e 379 alínea a) do mesmo Código ), nulidade que é sanável ( artigos 119, 120 e 121 do Código de Processo Penal ) e que deve ser arguida pelos interessados no prazo de cinco dias ou na motivação do recurso ( artigo...
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