Acórdão nº 9440787 de Court of Appeal of Porto (Portugal), 09 de Novembro de 1994
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 09 de Novembro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL Decisão: ANULADA A DECISÃO. ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART1 N1 B ART119 F ART122 N1 ART381 ART386.
Sumário: I - Nos termos do disposto no n.1 do artigo 381 do Código de Processo Penal são julgados em processo, sumário os detidos em flagrante delito por crime punível com pena de prisão cujo limite máximo não seja superior a três anos, quando à detenção tiver procedido qualquer autoridade judiciária ou entidade policial e a audiência se iniciar no máximo de 48 horas ou, nos casos do artigo 386, de cinco dias após a detenção. II - Um escrivão-adjunto integra-se na carreira judicial, não podendo considerar-se autoridade judiciária - artigo 1, n.1, alinea b) do Código de Processo Penal. III - Sendo assim, se o arguido é detido pelo escrivão adjunto em flagrante delito por crime de coacção a funcionário e logo é determinado julgamento, comete-se a nulidade...
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