Acórdão nº 96P868 de Supremo Tribunal Administrativo (Portugal), 18 de Dezembro de 1996
| Magistrado Responsável | ANDRADE SARAIVA |
| Data da Resolução | 18 de Dezembro de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC CIV - RECURSOS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART296 ART306 N1 ART308 N1. CPC67 ART514 N2. CPP87 ART4 ART141 ART379 A ART380 N1 B N2 ART409 ART410 N2 B N3. L 15/94 DE 1994/05/11 ART8 N1 D ART11.
Sumário : I - Actualmente os antecedentes criminais só podem resultar das declarações do arguido prestadas no inquérito ou na instrução (artigo 141 do CPP), do certificado de registo criminal ou das próprias sentenças condenatórias. II - E sendo uma prova vinculada, desde que conste do processo, o tribunal pode usá-la na determinação concreta da pena, mesmo que não faça constar da enumeração dos factos provados os antecedentes criminais do arguido. III - O n. 2 do artigo 514 do CPC é aplicável...
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