Acórdão nº 98P118 de Supremo Tribunal Administrativo (Portugal), 04 de Junho de 1998 (caso None)
| Magistrado Responsável | DIONISIO ALVES |
| Data da Resolução | 04 de Junho de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP29 ART99. CPC67 ART661 N1 ART668 N1 D.
Sumário : I - Se o S.T.J. anulou, unicamente, a decisão recorrida e determinou a repetição do julgamento, com o objectivo inequívoco de, ampliando a matéria de facto, o Colectivo de 1. instância emitir pronúncia sobre um facto específico, este, independentemente de se ter ou não verificado, entretanto, alteração da sua composição, não estava autorizado a repetir toda a prova e a conhecer, novamente, de toda a questão, sob pena de incorrer em nulidade por excesso de pronúncia (artigos 661, n. 1, e 668, n. 1, alínea d), do Código de...
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