Acórdão nº 98P108 de Supremo Tribunal Administrativo (Portugal), 21 de Maio de 1998
Magistrado Responsável | HUGO LOPES |
Data da Resolução | 21 de Maio de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL.
Legislação Nacional: CPP87 ART127 ART374 N2 ART409 ART433. DL 15/93 DE 1993/01/22 ART21 N1 ART24 H. CP82 ART2 N4 ART48 N1 ART50 N1 ART71 N1 N2 ART72.
Jurisprudência Nacional: AC STJ PROC41521 DE 1991/09/19.
Sumário : I - Para dar satisfação ao preceituado no artigo 374 n. 2 do Código de Processo Penal o tribunal não tem forçosamente de reproduzir "ipsis verbis" o alegado pela parte, bastando-lhe fixar na sentença, mesmo por outras palavras, os factos com relevância para a decisão do pleito, os factos susceptíveis de influir na decisão da causa que teve como provados e como não provados, por forma a que se possa concluir que sobre os factos alegados se debruçou, ponderando a prova que, em relação a eles, se produziu na audiência. II - Os poderes de cognição do Supremo Tribunal de Justiça estão limitados, salvo determinadas situações ao reexame da matéria de direito- cfr. artigo 433 do C.P.P. -, o que quer dizer que lhe está vedado entrar no conhecimento do modo como o tribunal "a quo"...
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