Acórdão nº 9640597 de Court of Appeal of Porto (Portugal), 16 de Outubro de 1996
| Magistrado Responsável | NEVES MAGALHÃES |
| Data da Resolução | 16 de Outubro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADO O REGIME DE SUBIDA DO RECURSO.
Indicações Eventuais: O NÚMERO DO PROCESSO RECORRIDO REFERE-SE À INSTRUÇÃO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART406 N1 ART407.
Jurisprudência Nacional: AC STJ DE 1963/04/16 IN BMJ N126 PAG381. AC RC DE 1981/05/05 IN CJ T3 ANOVI PAG200. AC RC DE 1984/12/04 IN CJ T5 ANOIX PAG79. AC RP PROC9420333 DE 1994/04/06. AC RL DE 1992/06/30 IN CJ T3 ANOXVII PAG254.
Sumário: I - Não se enquadrando o recurso em qualquer das alíneas do n.1 do artigo 407 do Código de Processo Penal, só subirá imediatamente caso se enquadre no n.2 do mesmo artigo, entendendo a jurisprudência que a expressão " absolutamente inúteis " quer significar que os recursos só têm de subir imediatamente se a retenção lhes retirar toda e qualquer eficácia, isto é...
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