Acórdão nº 9640032 de Court of Appeal of Porto (Portugal), 06 de Março de 1996
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 06 de Março de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: DL 274-A/88 DE 1988/08/03 ART4 ART16 N1 ART22 N1 ART102 N1 B D N2 A B. L 30/86 DE 1986/08/27 ART31 N1. CPP87 ART117 N1 N3. L 15/94 DE 1994/05/11 ART1 CC ART4.
Jurisprudência Nacional: AC RP DE 1994/04/06 IN CJ T3 ANOXIX PAG239. AC RP DE 1994/12/14 IN CJ T5 ANOXIX PAG260. ASS STJ DE 1991/04/03 IN DR IS-A 1991/05/25.
Sumário: I - É insuficiente para se considerar justificada a falta do arguido a julgamento marcado para o dia 7 de Abril de 1994 a apresentação de atestado médico que diz apenas que o arguido " recorreu à assistência hospitalar naquela data, devido a queda no dia 6, sem contudo apresentar quaisquer alterações, sendo-lhe indicada vigilância ". II - Não basta que o atestado diga que " está doente ", pois há doenças que não impedem ou não implicam grave inconveniência no comparecimento, e só quando há impossibilidade ou grave inconveniência nesse comparecimento se deve ter...
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