Acórdão nº 100/09.1TAVIS-A.C1 de Court of Appeal of Coimbra (Portugal), 17 de Maio de 2010
Magistrado Responsável | JOÃO TRINDADE |
Data da Resolução | 17 de Maio de 2010 |
Emissor | Court of Appeal of Coimbra (Portugal) |
Reclamação n.º 100/09.1TAVIS-A.C1 Tribunal da comarca de Viseu – 2º I – J…, M… HV…, Ldª, arguidos no processo supra referenciado, interpuseram recurso, visando a revogação do despacho ali proferido que considerou “que a recente alteração legislativa operada pelo art.º 113º da lei nº 64-A/2008 de 31/12, não abrange os crimes de abuso de confiança contra a segurança social.” O Mº Juiz a quo admitiu o recurso a subir “nos próprios autos conjuntamente com o recurso interposto da decisão que tiver posto termo à causa e com efeito meramente devolutivo (artigos 399º, 400º, nº 1 “a contrario”, 401º, nº 1 a), 406º, nº 1, 407º, nº 2 e 408º “ a contrario” todos do CPP) ”.
Inconformados apresentaram os arguidos a presente reclamação, visando obter a alteração do regime de subida.
- Na contestação “considerando que a conduta imputada aos arguidos actualmente não constitui crime..requer… se digne declarar extinta a responsabilidade criminal dos mesmos pelos factos constantes da douta acusação e que, consequentemente, se determine o arquivamento destes autos.” - O Mº Juiz a quo em 20-1-2010 proferiu então o seguinte despacho: “Aderindo de facto e de direito aos fundamentos constantes da, aliás, douta promoção que antecede, por com eles se concordar inteiramente e que, por economia de meios nos abstemos de aqui reproduzir, também nós somos de entendimento de que a recente alteração legislativa operada pelo art.º 11º da Lei nº 64-A/2008 de 31/12 , não abrange os crimes de abuso de confiança fiscal contra a segurança social. Como tal determina-se o prosseguimento dos autos, indeferindo-se a pretensão dos arguidos formulada a fls. 212 e segs.” # III- Cumpre apreciar: Estipula o artigo 313º/4 do CPP, que «do despacho que designa dia para audiência não há recurso”. Consagrou-se, assim, a irrecorribilidade do despacho que designa...
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