Acórdão nº 483/09.3YFLSB de Supremo Tribunal de Justiça (Portugal), 15 de Dezembro de 2009
Magistrado Responsável | OLIVEIRA MENDES |
Data da Resolução | 15 de Dezembro de 2009 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
S Privacidade: 1 Meio Processual: RECURSO PENAL Decisão: NEGADO PROVIMENTO Sumário : I - O art. 472.º, n.º 2, do CPP considera dispensável a presença do arguido na audiência para cúmulo jurídico de penas, deixando ao prudente juízo do tribunal a possibilidade de determinar a sua comparência, pelo que não é nulo o acórdão proferido na sequência de audiência na qual o arguido não esteve presente, por ter sido dispensada a sua presença, sendo que nenhum dos sujeitos processuais, MP ou arguido, pôs em causa o despacho judicial que declarou dispensável a presença daquele na audiência, nem nenhum daqueles sujeitos do processo requereu a presença do arguido no contraditório.
II - Estando-se perante uma reformulação de um cúmulo jurídico integrante de oito penas aplicadas em seis processos, ao qual foi adicionada pena por que o arguido foi condenado num sétimo processo, constando deste certidões de todos os acórdãos proferidos nos referidos seis processos, com indicação das datas do trânsito em julgado, a necessidade de expressa indicação no texto do acórdão recorrido das datas do trânsito em julgado das sete condenações englobadas no cúmulo objecto de reformulação mostra-se esbatida.
III - Por outro lado, constam do acórdão impugnado as datas de todas aquelas condenações e as datas da prática dos crimes que lhes subjazem, sendo certo que estas são anteriores à data da condenação na pena singular/parcelar aplicada ao arguido no último processo, o que tanto basta para aferir da ocorrência de concurso...
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