Acórdão nº 0018255 de Court of Appeal of Lisbon (Portugal), 29 de Outubro de 1991
Magistrado Responsável | SOUSA NOGUEIRA |
Data da Resolução | 29 de Outubro de 1991 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC PENAL.
LegislaÁ„o Nacional: CPP87 ART113 N1 N3 N5 ART277 N3 ART283 N5 ART287 N1 ART312 N2. CPP29 ART352 PAR2. CONST82 ART32 N1 N2 N4. L 43/86 DE 1986/09/26 52).
JurisprudÍncia Nacional: AC RL DE 1991/05/07.
Sum·rio: I - O n. 3 do artigo 277 do CÛdigo Processo Penal, conjugado com o disposto no n. 5 do artigo 283, obriga ‡ notificaÁ„o da acusaÁ„o ao arguido, a qual È particularmente importante por dizer respeito ao principal actor do drama processual e por ser a partir dela que se conta o prazo para requerer a instruÁ„o (artigo 287 n. 1 do Codigo de Processo Penal e Lei n. 43/86 de 26 de Setembro, al. 52), representando a sua postergaÁ„o um inaceit·vel enfrentamento a uma garantia de defesa, de dignidade constitucional (artigo 32 n. 1 n. 2 n. 4 da ConstituiÁ„o). II - A admissibilidade desta modalidade de notificaÁ„o - a edital - colhe-se, alÈm do mais, do elemento histÛrico, uma vez que o projecto do CÛdigo Processo Penal era omisso quanto a ela no artigo correspondente ao actual artigo 113 n. 1, preceito para que expressamente...
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