Acórdão nº 9340479 de Court of Appeal of Porto (Portugal), 17 de Novembro de 1993
| Data | 17 Novembro 1993 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART311 N1.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN BMJ N124 PAG414.
Sumário: I - A declaração genérica proferida aquando do depacho aludido no artigo 311, n. 1 do Código de Processo Penal de que "não há ilegitimidades" não constitui caso julgado formal, pelo que não está o juiz impedido de reapreciar a questão no início da audiência de julgamento ou na sentença final. II - É que, contrariamente ao que sucede em processo civil, os princípios gerais de processo penal, "maxime" o "favor rei" e o "favor libertatis" postulam...
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