Acórdão nº 9610577 de Court of Appeal of Porto (Portugal), 20 de Novembro de 1996
| Data | 20 Novembro 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART311.
Sumário: I - Depois do despacho de pronúncia, nada obsta a que, antes do início da audiência de julgamento, o juiz conheça de questões prévias, mesmo tendo sido proferido o despacho a que alude o n.1 do artigo 311 do Código de Processo Penal onde a questão não foi concretamente considerada. II - Todavia, no intervalo entre a pronúncia e o julgamento, não é possível alterar os factos e a sua qualificação tal como definidos por aquela decisão, mesmo quando se entenda conhecer oficiosamente ou a requerimento de qualquer questão prévia. III - Se o juiz...
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