Acórdão nº 9310871 de Court of Appeal of Porto (Portugal), 15 de Março de 1995
Magistrado Responsável | MATOS MANSO |
Data da Resolução | 15 de Março de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR PROC PENAL. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CPP87 ART309 N1 N2 ART120 ART1 F ART380 N1 N2 N3. CCJ62 ART185 A. CPC67 ART446 ART669.
Sumário: I - A nulidade prevista pelo n.1 do artigo 309 do Código de Processo Penal é sanável (n.2): - se o arguido não arguir a nulidade no prazo de cinco dias, a contar do conhecimento da decisão, fica tal nulidade sanada. II - Essa nulidade é estabelecida no interesse da defesa do arguido pelo que a este cabe a legitimidade para a arguir, ficando a mesma sanada se o não fizer. Não tem, pois, o Ministério Público legitimidade para a arguir ( artigo 120 do Código de Processo Penal); III - A decisão instrutória que omitiu a condenação em taxa de justiça, deve ser corrigida nesse particular...
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