Acórdão nº 97P468 de Supremo Tribunal de Justiça (Portugal), 04 de Março de 1998 (caso NULL)
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 04 de Março de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CONST - DIR FUND. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CONST97 ART32 N3. CPP87 ART40 ART41 N3 ART42 ART120 ART215 N3.
Jurisprudência Nacional: AC TC DE 1997/10/30. AC STJ PROC1104/96 DE 1997/01/15.
Sumário : I - É inconstitucional o artigo 40 do CPP, na parte em que permite a intervenção no julgamento do juiz que, na fase de inquérito, decretou e posteriormente manteve a prisão preventiva do arguido e ainda na parte em que permite idêntica intervenção do juiz que na mesma fase classificou o processo como de excepcional complexidade devido ao carácter altamente organizado do crime, para os efeitos do n. 3 do artigo 215 do CPP, ordenou ou autorizou escutas telefónicas e apreciou a relevância das mesmas para a prova. II - A intervenção no Tribunal Colectivo que julgou o arguido na 1. Instância do juiz de direito que se encontre nas...
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