Acórdão nº 039906 de Supremo Tribunal de Justiça (Portugal), 29 de Março de 1989
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 29 de Março de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP29 ART418 ART454 ART455 ART562 ART577 ART578 ART666. CP886 ART125 PAR6. CP82 ART114 N2.
Jurisprudência Nacional: AC STJ DE 1986/12/13 IN BMJ N362 PAG468. AC RL DE 1965/12/17 IN JR N5 PAG944. AC STJ DE 1985/11/30. AC STJ DE 1983/02/13. AC STJ DE 1984/05/30. AC STJ DE 1983/06/07.
Sumário : I - O processo de ausentes regulado pelo Codigo de Processo P. de 1929 não e inconstitucional. Com efeito, a garantia que constitui para a instrução e julgamento a presença do reu e substituida por providencias destinadas, quando não a neutralizar de todo, pelo menos a minimizar os efeitos da falta. II - A publicação referida no n. 2 do artigo 114 do Codigo Penal de 1982 não e a publicação a que alude o artigo 454 do Codigo de Processo Penal de 1929, antes tem o sentido de leitura da sentença...
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