Acórdão nº 9610191 de Court of Appeal of Porto (Portugal), 13 de Março de 1996
| Magistrado Responsável | CORREIA DE PAIVA |
| Data da Resolução | 13 de Março de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O NÚMERO INDICADO PARA O PROC REC É O DO INQUÉRITO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART191 ART202 N1 A ART204 ART209.
Jurisprudência Nacional: AC STJ PROC41694 TERCEIRA SECÇÃO DE 1991/03/13.
Sumário: I - Não sendo correcto afirmar-se que nos crimes enunciados no artigo 209 n.1 do Código de Processo Penal só excepcionalmente não deverá fixar-se a medida de coacção da prisão preventiva, há, contudo, que extrair desta norma que o legislador proporciona a estes crimes um tratamento especial, oferecendo uma certa protecção à prisão preventiva. II - No crime de tráfico de estupefacientes em que os contactos eram estabelecidos no desenvolvimento da actividade profissional dos arguidos - agentes da Guarda Nacional Republicana - e em que o recorrente nega e afirma ser a sua detenção de todo imprevista, verificam-se todos os requisitos do artigo 204 do Código de Processo Penal para que seja fixada medida de coacção visto que: o perigo...
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