Acórdão nº 0225163 de Court of Appeal of Porto (Portugal), 06 de Junho de 1990
Magistrado Responsável | LUCIANO CRUZ |
Data da Resolução | 06 de Junho de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART443.
Sumário: I - Com a disposição do artigo 443 do Código de Processo Penal de 1929, que é uma nítida emanação do princípio da verdade material, pode o tribunal ordenar que sejam produzidos os " novos elementos de prova " cujo conhecimento tenha surgido no decurso da discussão da causa e que possam manifestamente influir na decisão; II - Quando se refere a " novos " elementos de prova, pretende o legislador abranger não só os elementos probatórios que eram desconhecidos de quem tinha " interesse " na sua produção como também aqueles de que ainda não houvesse notícia no processo, embora já conhecidos de qualquer " interessado "; III - Se o elemento probatório for " novo " e puder " manifestamente " influir na decisão da causa, deve o juiz ordenar a sua produção, já que o " pode " do artigo 443 citado, não significa um...
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