Acórdão nº 800/08.3PBVCT-A. G1 de Tribunal da Relação de Guimarães, 12 de Setembro de 2011
Magistrado Responsável | FERNANDO MONTERROSO |
Data da Resolução | 12 de Setembro de 2011 |
Emissor | Tribunal da Relação de Guimarães |
3Acordam no Tribunal da Relação de Guimarães No processo comum com intervenção do tribunal singular 800/08.3PBVCT do 2º Juízo Criminal de Viana do Castelo, o sr. juiz indeferiu a promoção da magistrada do Ministério Público no sentido de que no cálculo da data do trânsito da sentença fosse considerado o prazo de 30 dias referido no art. 411 nº 4 do CPP e não o de 20 dias que consta do nº 1 do mesmo artigo.
* A magistrada do MP junto do tribunal recorrido interpôs recurso dessa decisão.
A questão a decidir no recurso é a de saber em que momento transita em julgado a sentença de primeira instância proferida em processo comum.
* Não houve resposta ao recurso.
Nesta instância o sr. procurador-geral adjunto emitiu parecer no sentido do recurso não merecer provimento.
Observou-se o disposto no art. 417 nº 2 do CPP.
Colhidos os vistos, cumpre decidir.
FUNDAMENTAÇÃO A questão do recurso está só em saber como se fixa a data do trânsito em julgado duma sentença penal de primeira instância.
No caso destes autos, na comunicação feita ao registo criminal, considerou-se que a sentença transitou em julgado após terem decorrido os 20 dias referidos na norma do nº 1 do art. 411 do CPP. Defende a magistrada recorrente que o prazo a considerar é o de 30 dias fixado no nº 4 do mesmo artigo. A solução que for dada pode vir a ser relevante para se determinar se diversas condenações estão em relação de cúmulo jurídico – cfr. art. 77 e 78 do Cod. Penal.
* O Código de Processo Penal não fornece a noção de trânsito em julgado. Sendo omisso e não havendo modo de por analogia, com recurso a outras normas do próprio código, se determinar o conceito, devem ser observadas as normas do processo civil – art. 4 do CPP.
Dispõe o art. 677 do CPC que “a...
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