Acórdão nº 9710352 de Court of Appeal of Porto (Portugal), 25 de Junho de 1997
| Magistrado Responsável | BAIÃO PAPÃO |
| Data da Resolução | 25 de Junho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA QUINTA SECÇÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART193 N1.
Sumário: I - Apesar de acusado por um crime de roubo previsto e punido pelo artigo 306 ns.1 e 3 alínea b) do Código Penal de 1982 ( artigo 210 n.1 do Código Penal de 1995 ) a que corresponde pena de 3 a 12 anos de prisão ( 1 a 8 anos, segundo a lei actual ); apesar de o arguido ter faltado à audiência e não ter justificado a falta; apesar de a Guarda Nacional Republicana ter, entretanto, informado que se ausentou para parte incerta; não deve decretar-se a sua prisão preventiva por inverificação do requisito da proporcionalidade exigido pelo artigo 193 n.1 do Código de Processo Penal, dada a diminuta quantia subtraída ( 500 escudos ), a pouca gravidade das consequências das ofensas corporais causadas à ofendida ( 8 dias de...
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