Acórdão nº 9610486 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1996
Magistrado Responsável | MOURA PEREIRA |
Data da Resolução | 06 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O PROCESSADO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART98 N1 PAR2 ART99 ART327 ART335 ART349 PARÚNICO ART363.
Jurisprudência Nacional: AC TC N434/87 IN DR IIS 1988/01/23. AC TC N315/85 IN DR IIS 1986/04/12.
Sumário: I - No domínio da vigência do Código de Processo Penal de 1929, deduzido querela provisória e encerrada a instrução contraditória, o incumprimento do disposto no artigo 363 desse Código, em consequência do que se omitiu a audição do arguido e do Ministério Público, configura, em relação àquela, a omissão de diligência que deve reputar-se essencial para a descoberta da verdade, o que implica a nulidade prevista no artigo 98 n.1 do mesmo diploma; e a omissão da audição do Ministério Público determinou a falta de dedução da querela definitiva, o que vale por dizer que deixou de haver acusação. II - Se, apesar disso, o Juiz pronunciou o arguido, há que concluir que houve pronúncia sem acusação, e uma pronúncia sem acusação é...
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