Acórdão nº 9640781 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1996
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 06 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART1 ART117 N1 C ART120 N1 A. CP95 ART118 N1 ART121. CONST92 ART29.
Jurisprudência Nacional: AC RP DE 1995/02/22 IN CJ T2 ANOXX PAG220.
Sumário: I - No domínio da vigência do Código Penal de 1982, o interrogatório do arguido no " inquérito " não tem eficácia interruptiva da prescrição do procedimento criminal por não estar previsto no seu artigo 120 que se reporta a tal interrogatório na " instrução preparatória " que já não existe. II - A interpretação actualista em direito penal está limitada pelos princípios gerais deste ramo de direito, maxime pelo princípio da legalidade a que se reportam os artigos 29 da Constituição da República e 1 do Código Penal, do que resulta não se poder agravar a situação do...
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