Acórdão nº 9540591 de Court of Appeal of Porto (Portugal), 15 de Novembro de 1995
| Data | 15 Novembro 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: LIMP75 ART19 A ART25 ART26 N2 B ART29 ART52 N2. CP82 ART164 ART167 N1 A N2. CP95 ART183 N2. CPP87 ART78 ART118 N1 N2 ART119 ART123 ART315 N1 ART410 N2 A C.
Jurisprudência Nacional: AC STJ DE 1990/09/26 IN AJ N10/11. AC RL DE 1988/05/11 IN CJ T3 ANOXIII PAG174.
Sumário: I - A apresentação de contestação ( crime ou cível ) após o decurso do respectivo prazo configura simples irregularidade ( artigo 123 do Código de Processo Penal ) que se terá por sanada por falta de arguição atempada; II - Aliás constitui caso julgado formal o despacho, de que não houve recurso, que admitiu por tempestiva a apresentação da contestação crime; III - São as conclusões que delimitam o objecto do recurso, pelo que o tribunal " ad quem " apenas poderá apreciar as questões nelas suscitadas; IV - O erro notório na apreciação da prova só ocorrerá...
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