Acórdão nº 9910560 de Court of Appeal of Porto (Portugal), 20 de Outubro de 1999
| Magistrado Responsável | BAIÃO PAPÃO |
| Data da Resolução | 20 de Outubro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CP95 ART31 ART36 N1. CCIV66 ART1674. L 4/84 DE 1984/04/05 ART23. DL 135/85 DE 1985/05/03 ART10 N3 ART11. CPP87 ART117 N1 N2 N3.
Jurisprudência Nacional: ASS STJ IN DR IS-A 1991/05/25.
Sumário: I - Constando de atestado médico que era inadiável e imprescindível que a arguida assistisse ao seu marido, também arguido, na data designada para julgamento, a que ambos faltaram ( o marido, por motivo de doença, súbita e imprevista ), há que considerar justificadas ambas as faltas, a da arguida em face do n.1 do artigo 36, " ex vi " do artigo 31 do Código Penal, já que sobre ela impendia a obrigação legal de cumprir o dever de socorrer o seu cônjuge na doença, compreendida no dever de cooperação, de conteúdo...
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