Acórdão nº 9640790 de Court of Appeal of Porto (Portugal), 20 de Novembro de 1996
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 20 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART123 N2 ART194 N2 ART227 ART228 N1 N5 ART374 N2 ART379 A.
Sumário: I - O arresto preventivo tem natureza subsidiária relativamente à caução económica e, por isso, só pode ser decretado quando não tenha sido prestada a caução económica anteriormente imposta e extingue-se logo que esta seja prestada ( artigos 227 e 228 ns.1 e 5 do Código de Processo Penal ). II - A omissão da prévia imposição ao arguido da prestação de caução económica é uma formalidade das que «afectam o valor do acto praticado:, nos termos do artigo 123 n.2 do Código de Processo Penal que, independentemente da sua invocação ou não pelos interessados, coloca qualquer tribunal na posição de poder ordenar oficiosamente a respectiva reparação, no momento em que dela tomar conhecimento. III - Não constitui nulidade a omissão da prévia audição do arguido relativamente ao decretamento do arresto, visto que a lei - artigo 194 n.2 do Código de Processo Penal - determina que a aplicação das medidas de coacção é precedida, sempre que possível e...
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