Acórdão nº 9540439 de Court of Appeal of Porto (Portugal), 05 de Julho de 1995
Magistrado Responsável | FERREIRA DINIS |
Data da Resolução | 05 de Julho de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPC67 ART144 N2 N3 ART145. DL 121/76 DE 1976/02/11 ART1 N1 N3. CPP87 ART104 N1 ART107 N2 ART113 N1 B N5.
Jurisprudência Nacional: AC STJ DE 1989/04/05 IN CJ T2 ANOXIV PAG8. AC RP DE 1990/12/19 IN CJ T5 ANOXV PAG227. AC RP DE 1993/10/27 IN CJ T4 ANOXVIII PAG263.
Sumário: I - Efectuada por via postal com aviso de recepção ( artigo 113 n.1, alínea b) do Código de Processo Penal ) a notificação da acusação, o prazo para requerer a abertura da instrução conta-se da data em que o destinatário assinou o aviso de recepção, não sendo aplicável o regime previsto no artigo 1 n.3, do Decreto-Lei n.121/76, de 11 de Fevereiro ( que estabelece que as notificações se presumem feitas no terceiro dia posterior ao do registo ou no primeiro dia útil seguinte a esse, quando o não seja ); II - O disposto no n.1 do artigo 104 do Código de Processo Penal relativamente à contagem de prazos e remissão que aí é feita para as disposições da lei...
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