Acórdão nº 9610773 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1996
Magistrado Responsável | COSTA MORTAGUA |
Data da Resolução | 06 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: INCIDENTE.
Decisão: DEFERIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART184 ART185. CP95 ART31 ART34 ART36 ART195. DL 48/95 DE 1995/03/15. CPP87 ART135 N2 N3 NA REDACÇÃO DO DL 317/95 DE 1995/11/28 ART182 N2. RGICSF ART78 ART79 N1 N2 D ART84. CONST92 ART205 N1 N2 N3.
Jurisprudência Nacional: AC RP PROC9430445 DE 1994/06/22.
Sumário: I - A remissão que o artigo 135 n.3 do Código de Processo Penal ( a quebra do segredo profissional por ordem do tribunal superior ) - na redacção anterior ao Decreto-Lei n.317/95, de 28 de Novembro - encetava para o artigo 185 do Código Penal de 1982 ( que foi eliminado com a entrada em vigor do Código Penal de 1995 ), opera agora para os princípios gerais dos artigos 31 e seguintes deste último Código ). II - O artigo 135 n.3 do Código de Processo Penal, na redacção introduzida pelo Decreto-Lei n.317/95, de 28 de Novembro, consagra o princípio da prevalência do interesse ou valor preponderante, no sentido da licitude da conduta destinada a salvar o interesse mais valioso. III - Em inquérito instaurado para investigação de crime de emissão de cheque sem...
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