Acórdão nº 9420525 de Court of Appeal of Porto (Portugal), 25 de Maio de 1994
| Data | 25 Maio 1994 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CONST82 ART27 N1 N3 A. CPP87 ART204.
Sumário: No processo penal, a regra é a liberdade do cidadão - artigo 27, n. 1 da Constituição da República Portuguesa. Excepcionalmente, a lei permite a limitação daquele princípio, sendo um dos casos o previsto no n. 3, alínea a) daquele preceito: " prisão preventiva em flagrante delito ou por fortes indícios da prática de crime doloso a que corresponde pena de prisão cujo limite máximo seja superior a três anos de prisão ". Mas é sempre o juiz a decidir sobre a necessidade...
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