Acórdão nº 9330441 de Court of Appeal of Porto (Portugal), 06 de Março de 1996
| Magistrado Responsável | FERNANDO FROIS |
| Data da Resolução | 06 de Março de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART22 PAR1 ART83 PAR9 ART84 ART100. CPC67 ART253 N1.
Jurisprudência Nacional: AC RP DE 1992/02/19 IN CJ T1 ANOXVII PAG253.
Sumário: I - Na vigência do Código de Processo Penal de 1929, as notificações ao arguido - designadamente a do despacho que o convida a fazer prova do pagamento da indemnização arbitrada à ofendida ( pagamento esse que era condição da suspensão da execução da pena aplicada ) - devem ser feitas também ao mandatário ( defensor ) do arguido. II - Tal despacho não pode considerar-se de mero expediente porque impõe a obrigação ao arguido de praticar um acto cuja inobservância lhe acarreta prejuízos. III - O artigo 84 do referido Código de Processo Penal deve ser interpretado no sentido de que as notificações ao defensor ou advogado...
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