Acórdão nº 040627 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1990
| Data | 07 Março 1990 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DESISTENCIA.
Área Temática: DIR PROC PENAL - RECURSOS. DIR PROC CIV.
Legislação Nacional: CPP87 ART4 ART399 ART401 B ART403. CPC67 ART300 ART682 N3 ART683 N4.
Jurisprudência Nacional: AC STJ DE 1962/05/23 IN BMJ N117 PAG339. AC STJ DE 1965/02/04 IN BMJ N144 PAG208.
Sumário : I - Se o arguido e livre de interpor recurso (salvo as excepções estabelecidas pela lei) ou não o interpor e de limitar o seu objecto, para o que a mesma lei lhe confere a necessaria legitimidade (artigos 399, 401, alinea B) e 403 do Codigo de Processo Penal), tambem e necessariamente lhe tera de conferir a faculdade de desistir do recurso interposto. II - Não se encontrando a materia directa e especialmente regulada na lei adjectiva penal, "ex vi" do seu artigo 4 ha que atentar...
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