Acórdão nº 039231 de Supremo Tribunal de Justiça (Portugal), 28 de Outubro de 1987
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 28 de Outubro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CP82 ART288 N3 N4. CPP87 ART291 B ART269 ART270 ART273. DL 78/87 DE 1987/02/17. DL 477/82 DE 1982/12/22 ART1.
Sumário : I - A revogação da prisão preventiva e a suspensão da execução da prisão preventiva, são figuras distintas. II - A revogação da prisão preventiva regulada no artigo 273 do Codigo de Processo Penal, supõe a não verificação posterior dos requisitos ou pressupostos que justificaram a prisão preventiva, dai que esta deva cessar sempre que desaparecem o motivo ou motivos que a determinaram. III - A suspensão opera quando, embora se mantenham os fundamentos ou requisitos legais da prisão preventiva ordenada, ocorram circunstancias que de todo desaconselhem a sua continuação, e seja possivel, atraves de outros meios, assegurar os fins que concretamente se visam realizar com aquela medida, nomeadamente a prestação de caução, acompanhada das obrigações a que se refere o artigo 270 e julgadas mais adequadas ao caso. IV - Constitui caso de revogação - e não de suspensão da prisão preventiva - aquele em que o reu: a) E pronunciado, em processo de querela, como autor de um crime que não admitia liberdade provisoria por força do Decreto-Lei n. 477/82, de 22 de Dezembro; b) Encontrando-se no estrangeiro, se apresenta no tribunal e requeira a "suspensão" da prisão preventiva; c) Sendo o requerimento deferido por despacho judicial que o coloca em liberdade provisoria, sujeito as obrigações...
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