Acórdão nº 7199/2004-9 de Court of Appeal of Lisbon (Portugal), 02 de Novembro de 2004
Data | 02 Novembro 2004 |
Órgão | Court of Appeal of Lisbon (Portugal) |
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(A), identificado nos autos, ao abrigo do disposto no artigo 405.º do Código de Processo Penal, veio reclamar do despacho do Mmo Juiz da 1.ª Instância que, admitindo o recurso interposto da decisão que indeferiu a confiança do processo, determinou que tal recurso só sobe com aquele que for interposto da decisão que ponha termo à causa.
Entende o reclamante que o recurso deve subir imediatamente, nos termos do disposto no n.º 2 do artigo 407.º do Código de Processo Penal, porquanto, se assim não suceder, ele torna-se absolutamente inútil.
O Mmo. Juiz da 1.ª Instância manteve o despacho reclamado.
A reclamação mostra-se instruída com os elementos relevantes para a sua decisão.
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Com o devido respeito, em nosso entender, estamos perante um daqueles casos em que é evidente que a subida diferida do recurso o torna absolutamente inútil.
O reclamante certamente pretende a confiança do processo para o analisar e estudar com vista a melhor poder exercer os seus direitos no julgamento. Depois da decisão que ponha termo à causa não faz sentido autorizar a confiança do processo, a não ser que tudo tenha que recomeçar.
Estamos perante uma situação que, em nosso entender se justifica a subida imediata do recurso, ao abrigo do...
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