Acórdão nº 97P1108 de Supremo Tribunal de Justiça (Portugal), 10 de Dezembro de 1997
Magistrado Responsável | VIRGILIO OLIVEIRA |
Data da Resolução | 10 de Dezembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART131 ART144 N2 ART176 N1 N2. CPP87 ART118 ART127 ART128 ART129 N1 ART163 ART287 N1 B ART301 ART303 ART309 N2 ART410 N2 C ART426 ART433 ART436.
Sumário : I - O requerimento do assistente para abertura de instrução, na sequência de despacho de abstenção de acusação do MP, consubstancia uma verdadeira acusação em sentido material, delimitando, por isso, o objecto do processo, em relação ao qual se pode colocar, logo na fase de instrução, o problema da alteração substancial ou não substancial dos factos (artigos 303 e 309 ambos do CPP). II - Ora, se aquele requerimento do assistente se limita a indicar novos elementos de prova sobre uma factualidade...
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