Acórdão nº 4483/08.2TDLSB-B.L1-3 de Court of Appeal of Lisbon (Portugal), 10 de Março de 2010
Magistrado Responsável | MARIA JOSÉ MACHADO |
Data da Resolução | 10 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: RECURSO PENAL Decisão: PROVIDO Sumário: I - Não é obrigatória a realização de inquérito na forma de processo abreviado, podendo a acusação fundamentar-se apenas em auto de notícia ou em «inquérito sumário», entendendo-se como tal aquele que se cinge aos actos estritamente necessários à obtenção da prova indiciária com as características prescritas pelo nº 1 do art.º 391º-A do CPP.
II - O juiz a quem é submetida uma acusação em processo abreviado para efeitos de julgamento, à semelhança do que acontece no processo comum, não pode sindicar as provas indicadas na acusação e ajuizar sobre a sua não suficiência, evidência ou simplicidade (art.ºs 311º e 391º C do CPP).
III - Consubstanciando o auto de fls. 12 uma detenção em flagrante delito por outra pessoa...
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