Acórdão nº 9610173 de Court of Appeal of Porto (Portugal), 02 de Outubro de 1996
| Magistrado Responsável | BAIÃO PAPÃO |
| Data da Resolução | 02 de Outubro 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 - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP95 ART115 N1. CPP87 ART5 N1 N2 ART48 ART49.
Sumário: I - Relativamente a crimes que revestiam natureza pública aquando da dedução da acusação mas que nova lei passou a qualificar como crimes semi-públicos, o procedimento não deve seguir até final se não afluir manifestação de vontade de quem for titular do direito de queixa no sentido desse prosseguimento, a menos que tal manifestação de vontade já constasse do processo. II - É por isso inaceitável a tese da imutabilidade da legitimidade anteriormente adquirida pelo Ministério Público para lá da conversão do crime público em semi-público. III - Tendo em conta que o ofendido já anteriormente a 1...
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