Acórdão (extrato) n.º 284/2020
Data de publicação | 08 Julho 2020 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 284/2020
Sumário: Julga inconstitucional o artigo 225.º, n.º 1, alínea c), do Código de Processo Penal, na redação da Lei n.º 48/2007, de 29 de agosto, interpretado no sentido de se não considerar que não foi agente do crime ou atuou justificadamente o arguido a quem foi aplicada a medida de coação de prisão preventiva e que vem a ser absolvido com fundamento no princípio in dubio pro reo.
Processo n.º 1170/17
III - Decisão
Pelo exposto, decide-se:
a) Julgar inconstitucional, por violação dos artigos 13.º, n.º 1, e 32.º, n.º 2, da Constituição, o artigo 225.º, n.º 1, alínea c), do Código de Processo Penal, na redação da Lei n.º 48/2007, de 29 de agosto, interpretado no sentido de se não considerar que não foi agente do crime ou atuou justificadamente o arguido a quem foi aplicada a medida de coação de prisão preventiva e que vem a ser absolvido com fundamento no princípio in dubio pro reo;
E, em consequência,
b) Conceder provimento ao recurso e determinar a reforma da decisão recorrida de acordo com o precedente juízo de inconstitucionalidade.
Sem custas.
Lisboa, 28 de maio de 2020. - Pedro Machete - Fernando Vaz Ventura - Mariana Canotilho - Manuel da Costa Andrade.
[tem declarações de voto dos Senhores...
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