Acórdão nº 9640440 de Court of Appeal of Porto (Portugal), 05 de Junho de 1996
Data | 05 Junho 1996 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/ESTADO. DIR PROC PENAL.
Legislação Nacional: DL 33725 DE 1944/06/21 ART22 PAR1. CPP87 ART141 N3 ART342 N2 N3 ART343 N2. CP95 ART359 N2. DL 317/95 DE 1995/11/28. L 90-B/95 DE 1995/09/01 ART3 GG.
Sumário: I - O artigo 342 do Código de Processo Penal previa que, em audiência de julgamento, o presidente do do tribunal indagasse oficiosamente acerca dos antecedentes criminais do arguido ( n.2 ); a falsidade da resposta fazia incorrê-lo em responsabilidade penal ( n.3 ). O crime era, então, o previsto e punido pelo artigo 22 § 1 do Decreto - Lei n. 33725, de 21 de Junho de 1944. II - Com o Decreto - Lei n. 317/95, de 28 de Novembro, que alterou o Código de Processo Penal, foi revogado o n.2 do citado artigo 342, não sendo agora o arguido obrigado, em audiência de julgamento, a prestar declarações sobre os seus antecedentes criminais, e caso o queira fazer nos termos do artigo 343 n.2 do mesmo Código, não incorre em responsabilidade penal se faltar à...
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