Acórdão nº 9410872 de Court of Appeal of Porto (Portugal), 29 de Março de 1995
Data | 29 Março 1995 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART191 N1 ART193 N2 ART200 ART201 ART202 ART204 ART209. CONST89 ART27 N3. DL 401/82 DE 1982/09/23 ART4. CP82 ART297 N1 N2 C D ART307.
Sumário: I - Tal como para as medidas de coacção previstas nos artigos 200 e 201 do Código de Processo Penal, é pressuposto específico da prisão preventiva a existência de fortes indícios da prática de crime doloso punível em pena de prisão de máximo superior a três anos. Para a aplicação de uma tal medida é ainda essencial a verificação no caso não só de algum ou alguns dos requisitos gerais previstos no artigo 204, cumulados com os referidos na alínea a) do n.1 do artigo 202, mas também que todas as outas medidas se mostrem inadequadas ou insuficientes e ainda que a prisão preventiva seja proporcionada à gravidade do crime e às sanções que previsivelmente venham a ser aplicadas; II - Não é de decretar a prisão preventiva no caso de existirem fortes indícios da prática de um crime de furto qualificado previsto e punido pelo artigo 297, n.1 e 2 alíneas c) e d), agravado nos termos do artigo 307 do Código Penal, tendo o...
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