Acórdão nº 0320793 de Court of Appeal of Lisbon (Portugal), 02 de Março de 1994
Data | 02 Março 1994 |
Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART191 N1 ART193 N1 N2 ART202 N1 A ART204 A B ART209 ART212 N1 B N3.
Sumário: I - A imposição de prisão preventiva ao arguido, a cujo crime a si imputado corresponde penalidade de 1 a 10 anos de prisão, fora legal e ajustada (artigos 193, ns. 1 e 2, 202, n. 1, al. a), 204, als. a) e b), e 209, n. 1, CPP); ninguém a atacou antes ou a discutiu depois. II - A bondade do despacho posterior que, revendo a situação a requerimento do arguido, substituiu a prisão preventiva por caução carcerária e económica, há-de aferir-se com base na decisão anterior sem esquecer a natureza cautelar e processual das medidas de caução e o grau de exigência das cautelas a adoptar em concreto, por forma a achar uma medida actual e adequada. III - Foi já deduzida acusação; uma actuação do arguido em prejuízo da prova já é muito pouco provável, pois os documentos e exames periciais pertinentes já terão sido recolhidos e incorporados nos autos e os depoimentos das testemunhas já terão sido obtidos e reduzidos a auto, constando do processo e sendo muito difícil eventual influência do arguido para sua alteração; acresce que ele está afastado da actividade bancária e que foi dado como pessoa de carácter...
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