Acórdão nº 9310974 de Court of Appeal of Porto (Portugal), 22 de Junho de 1994
| Magistrado Responsável | COSTA MORTAGUA |
| Data da Resolução | 22 de Junho de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DESATENDIDA A RECLAMAÇÃO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART423 N1 N5 ART424 N1 ART372 N2 N3 N4 ART373 ART425 N1 ART411 N1 ART419 ART421 N2 N3.
Jurisprudência Nacional: AC STJ DE 1992/11/12 IN CJ T5 ANOXVII PAG13. AC TC DE 1994/03/01 IN DR IIS N117/94.
Sumário: I - Em processo penal a audiência ocorrida na fase de recurso não comporta a prolação do acórdão respectivo. II - Esta, fazendo parte, embora, da fase de julgamento está para além daquela, exorbitando do seu âmbito. III - Assim, se é certo que à audiência de julgamento em segunda instância se aplicam subsidiariamente as normas relativas à audiência de julgamento em primeira instância ( artigo 423, n. 5 do Código de Processo Penal ), tal aplicação subsidiária apenas significa que são aplicáveis na Relação as normas relativas à publicidade da audiência e sua...
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