Acórdão nº 0078583 de Court of Appeal of Lisbon (Portugal), 11 de Fevereiro de 1998
| Data | 11 Fevereiro 1998 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: INCIDENTE.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART135 ART181 ART182. DL 317/95 DE 1995/11/28. CP82 ART36 N1. CP95 ART36 N1.
Sumário: I - A autoridade judiciária perante a qual o incidente de invocação do segredo profissional é suscitado, averigua, em primeiro lugar, se a escusa provém de membro de profissão abrangida pelo sigilo e se a situação, considerada em abstracto, integra tal dever de sigilo, designadamente ouvindo o organismo representativo da profissão. Caso tal não aconteça, ordena, ou requer ao Tribunal que ordene (caso se trate do M.P.), a prestação do depoimento ou a apreensão de objecto ou documento. II - Caso se verifiquem os requisitos formais, a autoridade judiciária averigua ainda se estão reunidos os requisitos de exclusão de ilicitude previstos no...
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