Acórdão nº 9710063 de Court of Appeal of Porto (Portugal), 25 de Junho de 1997
Data | 25 Junho 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART117 N1 N2.
Sumário: I - A falta de comparência deve considerar-se justificada se tiver ocorrido situação análoga à de qualquer causa que, nos termos da lei penal, exclua a ilicitude do facto ou a culpa do agente - artigo 117 n.1 do Código de Processo Penal. O requerimento para justificar uma falta deve ser acompanhado dos elementos de prova dos factos alegados, salvo se se invocar impossibilidade de os juntar. II - Tendo os arguidos faltado à audiência de julgamento e requerido a justificação das faltas com a alegação de que tinham ido a Fátima cumprir uma promessa, o pedido improcede por se terem limitado a juntar um recibo de uma empresa transportadora relativo ao pagamento do aluguer de um carro, com o itinerário Lisboa e Fátima, durante 3 dias, embora tivessem pedido ao juiz que se o entendesse mais conveniente, lhes concedesse a oportunidade de fazer prova testemunhal e lhes designasse prazo para o efeito. O recibo, só por si, não é susceptível de provar qualquer das causas susceptíveis de justificar a falta. E era aos arguidos que cumpria decidir, no prazo legal, da conveniência ou inconveniência do oferecimento de prova testemunhal. III - De qualquer modo, o cumprimento de promessa...
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