Acórdão nº 9940858 de Court of Appeal of Porto (Portugal), 20 de Outubro de 1999
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 20 de Outubro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL.
Legislação Nacional: CP95 ART203 N1 ART204 N1 ART231 N1. CPP98 ART97 N4 ART118 N1 N2 ART119 ART120 N3 ART123 ART310 N1 N2 ART311 ART379. CPC95 ART494 I ART495 ART668.
Sumário: I - A omissão de apreciação da questão prévia suscitada pelo arguido ( preterição de caso julgado ) na decisão instrutória que o pronunciou pelo crime de receptação do artigo 231 n.1 do Código Penal, configura mera irregularidade sujeita à disciplina do artigo 123 do Código de Processo Penal. II - Embora a violação do caso julgado seja de conhecimento oficioso, mas sendo irrecorrível a decisão instrutória que pronuncia o arguido pelos factos constantes da acusação do Ministério Público, não será a Relação a ter de se pronunciar, nesta altura, sobre essa questão, a qual deverá ser apreciada no tribunal de julgamento, na fase do saneamento do processo, ao abrigo do n.1 do artigo 311 do Código de Processo Penal...
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