Acórdão nº 9350748 de Court of Appeal of Porto (Portugal), 27 de Março de 1996
| Magistrado Responsável | BAIÃO PAPÃO |
| Data da Resolução | 27 de Março de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O PROCESSADO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CONST92 ART32 N1. CPP29 ART1 PARÚNICO ART328 ART358. DL 35007 DE 1945/10/13 ART46.
Sumário: I - Julgado inconstitucional, por violação do artigo 32 n.1 da Constituição da República, o artigo 328 do Código de Processo Penal de 1929, na parte em que fixa em cinco dias contados da notificação da acusação o prazo para o arguido requerer diligências de instrução contraditória em processo de querela, há que encontrar o prazo adequado para o efeito, lacuna a integrar de harmonia com o artigo 1 parágrafo único daquele Código e o n.1 do artigo 32 da Constituição da República. II - Para operar a plena harmonização constitucional daquele...
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