Acórdão nº 9511072 de Court of Appeal of Porto (Portugal), 14 de Fevereiro de 1996
Magistrado Responsável | EMIDIO TEIXEIRA |
Data da Resolução | 14 de Fevereiro de 1996 |
Emissor | 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/SOCIEDADE / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART48 ART49 N1 ART72 ART205 N1 N3. CPP87 ART120 N2 D N3 A.
Jurisprudência Nacional: AC TC DE 1995/07/06 IN DR IIS 1995/11/10. AC STJ DE 1993/03/25 IN BMJ N425 PAG433.
Sumário: I - Acusado como autor de um crime previsto e punido pelo artigo 205 ns.1 e 3 do Código Penal de 1982, e tendo o arguido na contestação requerido prova por reconhecimento, questão cujo conhecimento o juiz relegou para a audiência de julgamento e nesta, a tal propósito, acabou por nada dizer, a nulidade respectiva, face ao disposto no artigo 120 n.3 alínea a) do Código de Processo Penal, deveria ter sido arguida antes de terminado o acto em causa, em que estiveram presentes o arguido e o seu defensor. Não o tendo sido, ficou sanada, não podendo agora ser invocada na motivação de recurso. II - Condenado na pena de 3 anos de prisão, declarada suspensa na sua execução por 3 anos sob condição de no prazo de 8 meses pagar à ofendida a quantia de...
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