Acórdão (extrato) n.º 118/2017
| Data de publicação | 05 Maio 2017 |
| Seção | Parte D - Tribunais e Ministério Público |
| Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 118/2017
Processo n.º 636/16
III - Decisão
3 - Em face do exposto, na improcedência do recurso, decide-se não julgar inconstitucional a norma resultante da conjugação dos artigos 363.º, 364.º, n.º 1, e 105.º, n.º 1, do Código de Processo Penal, na interpretação segundo a qual a nulidade prevista no artigo 363.º do Código de Processo Penal deve ser arguida perante o tribunal de 1.ª instância, em requerimento autónomo, no prazo geral de 10 dias a contar da data da sessão da audiência em que tiver ocorrido a omissão da documentação ou a deficiente documentação das declarações orais, sob pena de dever considerar-se sanada.
Custas pelo Recorrente, fixando-se a taxa de justiça em 25 unidades de conta, tendo em atenção os critérios definidos no artigo 9.º, n.º 1, do Decreto-Lei n.º 303/98, de 7 de outubro (cf. artigo 6.º, n.º 1, do mesmo diploma).
Lisboa, 15 de março de 2017. - Teles Pereira - Maria de Fátima Mata-Mouros - João Pedro Caupers - Cláudio Monteiro.
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