Acórdão nº 9350594 de Court of Appeal of Porto (Portugal), 30 de Junho de 1993
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 30 de Junho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECRETADA A NULIDADE DO PROCESSO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART389 N3 ART48 ART119 B. CONST82 ART32 N5.
Sumário: Constitui nulidade do processo, nos termos do artigo 119, alínea b) do Código de Processo Penal, a omissão pelo Ministério Público da substituição da acusação pela leitura do auto de notícia da autoridade que tiver procedido à detenção, no processo sumário - artigo 389, nº 3 do Código de Processo Penal. Em tal caso, não há promoção da acção penal pelo Ministério Público para o que tem legitimidade - artigo 48 do Código de Processo Penal. E isto em prejuízo do direito de defesa do arguido, com violação do artigo...
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