Acórdão nº 048563 de Supremo Tribunal Administrativo (Portugal), 11 de Janeiro de 1996 (caso None)
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 11 de Janeiro de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART78. CP95 ART77. CPP87 ART403 N1 N2 D ART410 N2 N3 ART432.
Jurisprudência Nacional: AC STJ DE 1991/01/23 IN BMJ N403 PAG192.
Sumário : I - A falta de junção aos autos do certificado actualizado do Registo Criminal não constitui, por si, insuficiência da matéria de facto provada (alínea a) do n. 2 do artigo 410 do Código de Processo Penal), para o tribunal decidir, acerca de um eventual cúmulo jurídico de penas. Não se iria anular, por isso, um julgamento, sabendo-se que, a todo o tempo, se pode efectuar tal operação. II - No...
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