Acórdão nº 9340253 de Court of Appeal of Porto (Portugal), 07 de Julho de 1993
Data | 07 Julho 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: INCIDENTE.
Decisão: INDEFERIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART4. CPC67 ART733 ART742 N2 N3.
Jurisprudência Nacional: AC RC DE 1989/11/07 IN CJ ANOXIV T5 PAG46. AC RC DE 1986/05/20 IN CJ ANOXI T3 PAG60. AC RC DE 1983/01/10 IN BMJ N325 PAG615. AC RC DE 1981/10/22 IN BMJ N312 PAG318. AC RE DE 1985/07/09 IN BMJ N351 PAG479.
Sumário: I - O Código de Processo Penal vigente é omisso no que toca à instrução dos recursos que sobem imediatamente e em separado, pelo que o regime a seguir, nessa matéria, atento o seu artigo 4, é o de agravo previsto na lei adjectiva civil - artigo 733 e seguintes do Código de Processo Civil; II - Segundo dispõe o artigo 742, nº 2 do citado Código de Processo Civil, " ... se o agravo houver de subir imediatamente e em separado, as partes indicarão por meio de requerimento, nos cinco dias seguintes à notificação, as peças do processo de que pretendem certidão para instruir o recurso "; III - Se o agravante não prova, com as necessárias certidões, os fundamentos do recurso, por deficiência de instrução, o mesmo não logrará provimento, não cabendo ao tribunal superior suprir a sua...
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