Acórdão nº 9511145 de Court of Appeal of Porto (Portugal), 20 de Março de 1996
Magistrado Responsável | COSTA DE MORAIS |
Data da Resolução | 20 de Março de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: CP82 ART117 N1 B ART120 N1 A ART297. DL 48/95 DE 1995/03/15 ART11 A. CP95 ART118 N1 B ART204 N1 H.
Sumário: I - No domínio da vigência do Código de Processo Penal de 1929, pronunciado um arguido em processo de querela como co - autor de dois crimes de furto qualificado ( artigo 297 do Código Penal de 1982 ), sendo um na forma tentada, por factos cometidos entre 30 de Julho e dia não apurado de Agosto ou Setembro de 1984, apesar de já terem decorrido mais de 10 anos sobre esta data, não se verifica a prescrição do procedimento criminal, por se ter interrompido nos termos do artigo 120 n.1 alínea a) daquele Código Penal. Tal interrupção ocorreu em 7 de Dezembro de 1990, com a notificação pessoal, como arguido, do acusado para ser ouvido no processo, em instrução preparatória, o qual veio a ser interrogado, nessa qualidade, em 12 de Março de 1992. II - Assim, com a...
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