Acórdão nº 9540094 de Court of Appeal of Porto (Portugal), 24 de Maio de 1995
| Magistrado Responsável | FONSECA GUIMARÃES |
| Data da Resolução | 24 de Maio de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART209.
Jurisprudência Nacional: AC RP PROC9240040 DE 92/01/92.
Sumário: I - Apesar de ter recebido a acusação pelo crime previsto e punido pelos artigos 11 n.1 a) Decreto - Lei 454/91, de 28/12 e 314 c) do Código Penal, de o arguido ter contra si pendentes dois outros processos por crimes da mesma natureza e de se encontrar emigrado no estrangeiro, para onde foi em data anterior à apresentação da queixa geradora do processo em causa, tal não é suficiente para se concluir que o arguido se pretende furtar a acção da justiça ou que há perigo de continuação da actividade criminosa. II - A disciplina contida na reserva do artigo 209 do Código de Processo Penal não é de « aplicação automática, objectiva e presuntiva :. Apenas pressupõe ou presume a inadequação ou insuficiência das outras medidas de coacção e que a prisão...
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