Acórdão (extrato) n.º 595/2020
Data de publicação | 24 Dezembro 2020 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 595/2020
Sumário: Não julga inconstitucional a norma contida no artigo 12.º, n.º 3, da Lei n.º 5/2002, de 11 de janeiro, em conjugação com os artigos 113.º, n.º 10, e 119.º, alínea c), do Código de Processo Penal, na interpretação segundo a qual, realizada pelo tribunal a notificação para o pagamento voluntário previsto no referido preceito decorridos mais de 10 dias após a data do trânsito em julgado do acórdão condenatório, tal notificação não tem de ser realizada na pessoa do arguido, bastando que o seja na pessoa do advogado que o representa.
Processo n.º 393/20
III - Decisão
3 - Face ao exposto, decide-se:
a) Não julgar inconstitucional a norma contida no artigo 12.º, n.º 3, da Lei n.º 5/2002, de 11 de janeiro, em conjugação com os artigos 113.º, n.º 10, e 119.º, alínea c), do Código de Processo Penal, na interpretação segundo a qual, realizada pelo tribunal a notificação para o pagamento voluntário previsto no referido preceito decorridos mais de 10 dias após a data do trânsito em julgado do acórdão condenatório, tal notificação não tem de ser realizada na pessoa do arguido, bastando que o seja na pessoa do advogado que o representa; e, consequentemente,
b) Julgar improcedente o recurso.
3.1 - Custas pelo Recorrente, fixando-se a taxa de justiça em 25 unidades de conta, ponderados os critérios estabelecidos no artigo 9.º, n.º 1, do Decreto-Lei n.º 303/98, de 7 de outubro (cfr. o artigo 6.º, n.º 1, do mesmo diploma).
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