Acórdão nº 037941 de Supremo Tribunal de Justiça (Portugal), 23 de Julho de 1985
| Magistrado Responsável | CORREIA DE PAIVA |
| Data da Resolução | 23 de Julho de 1985 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART98 N1 ART99 PAR3 ART106 N2 ART425 PAR1 ART457 ART667 PAR1 N1 N2. DL 40033 DE 1955/01/15. CPC39 ART722 N2 ART729 N2 N3. CP82 ART73 N2.
Jurisprudência Nacional: AC STJ DE 1973/05/02 IN BMJ N227 PAG47. AC STJ PROC37923 DE 1985/07/10.
Sumário : I - A eventual não audição do reu, não obstante presumivelmente presente na audiencia, não determina a anulação do julgamento como consequencia da configuração de uma nulidade prevista na 2 parte do n. 1 do artigo 98 do Codigo de Processo Penal. II - Nos termos dos artigos 99, paragrafo 3, e 100, paragrafo 2, do Codigo de Processo Penal, podem os Tribunais Superiores julgar sempre suprida qualquer nulidade que não afecte a justa decisão da causa. III...
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