Acórdão nº 040957 de Supremo Tribunal de Justiça (Portugal), 14 de Novembro de 1990
| Magistrado Responsável | PEREIRA DOS SANTOS |
| Data da Resolução | 14 de Novembro de 1990 |
| 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 N2 PAR1 PAR3 ART99. CPP87 ART374 N2 ART435 N3.
Jurisprudência Nacional: AC RP DE 1973/05/18 IN BMJ N228 PAG276. AC STJ PROC40177 DE 1989/12/20.
Sumário : I - No regime do Codigo de Processo Penal de 1929, a nulidade processual consistente no emprego de uma forma de processo comum mais solene em vez de outra menos solene, so podia ser arguida ate ao dia da audiencia de julgamento, e os tribunais superiores podiam sempre julgar suprida qualquer nulidade que não afectasse a justa decisão da causa (artigo 98, n. 2 e paragrafos 1 e 3). II - Considerando que o actual Codigo Processo Penal não e menos solene do que o anterior na fase de julgamento, que o arguido...
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