Acórdão nº 9740663 de Court of Appeal of Porto (Portugal), 18 de Março de 1998
| Magistrado Responsável | MARQUES PEREIRA |
| Data da Resolução | 18 de Março de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O PROCESSADO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART48 ART119 B.
Jurisprudência Nacional: AC STJ IN PROC4004513 DE 1989/06/07.
Sumário: I - Notificado o assistente para deduzir acusação por crime semi-público sem que antes o Ministério Público tenha deduzido acusação, verifica-se a nulidade insanável da falta de promoção do processo pelo Ministério Público, cuja consequência é a anulação de todo o processado posterior à acusação, inclusive, com a consequente remessa dos autos ao Ministério Público para que este acuse ou se abstenha de acusar. Só depois o assistente poderá acusar subordinadamente ou requerer instrução com vista à pronúncia...
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