Acórdão nº 042039 de Supremo Tribunal de Justiça (Portugal), 19 de Setembro de 1991
Magistrado Responsável | SA PEREIRA |
Data da Resolução | 19 de Setembro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP29 ART446 ART468 ART494 ART564 PAR5 N3 ART571 PAR3 ART651 ART663 ART665 ART667 PAR1 N1. CP82 ART30 N2 ART228 N3 ART229 N1 ART233 N1 ART363 N2 ART420 N1 ART423 N1 ART437 N1 A. CCIV66 ART363 N2. D 20147 DE 1931/08/01.
Jurisprudência Nacional: AC STJ DE 1965/07/07 IN BMJ N149 PAG240. AC STJ DE 1966/11/09 IN BMJ N161 PAG132. AC STJ DE 1971/03/17 IN BMJ N205 PAG165. AC RE DE 1983/01/18 IN BMJ N325 PAG619. AC STJ DE 1974/03/06 IN BMJ N235 PAG169. AC STJ DE 1952/10/15 IN BMJ N33 PAG136. AC STJ DE 1967/06/28 IN BMJ N168 PAG276. AC STJ DE 1954/03/10 IN BMJ N42 PAG151.
Sumário : I - A absolvição não impugnada assume-se, em todos os casos, como definitiva. II - Os ausentes absolvidos, sem legitimidade para recorrer ou para pedirem novo julgamento, não podem sofrer qualquer prejuízo, a partir do recurso de qualquer condenado presente. III - A jurisprudência tem acentuado com unânime firmeza que o artigo 663 do Código de Processo Penal de 1929 é inaplicável aos réus condenados à revelia enquanto não notificados da condenação, e que, por isso, os tribunais superiores não devem conhecer dos recursos em relação aos réus não notificados da condenação...
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