Acórdão nº 9640512 de Court of Appeal of Porto (Portugal), 05 de Junho de 1996
| Magistrado Responsável | FERNANDO FROIS |
| Data da Resolução | 05 de Junho de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Indicações Eventuais: CITA-SE P PGR DE 1952/06/26 IN BMJ N36 PAG48. TRATA-SE DE UM PROCESSO DE QUERELA.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART78 ART79 N1 N2. L 38/87 DE 1987/12/23 ART79 A ART80. CPP87 ART472 N1 NA REDACÇÃO DO DL 317/95 DE 1995/11/28.
Jurisprudência Nacional: AC STJ DE 1992/05/13 IN CJ T3 ANOXVII PAG21. AC STJ DE 1975/03/05 IN BMJ N245 PAG436.
Sumário: I - O juiz presidente de um tribunal de círculo não tem competência para, por simples despacho, declarar a incompetência daquele tribunal para efectuar ( ou reformular ) um cúmulo jurídico num processo de querela, cúmulo esse que envolve penas superiores a três anos de prisão. II - Estando o arguido a cumprir pena de prisão em que fora condenado e tendo cometido novo crime durante uma saída precária pelo qual veio também a ser condenado...
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