Acórdão nº 97P1110 de Supremo Tribunal de Justiça (Portugal), 21 de Janeiro de 1998
Magistrado Responsável | FLORES RIBEIRO |
Data da Resolução | 21 de Janeiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: PROF CAVALEIRO DE FERREIRA IN LIÇÕES DE DIREITO PENAL PARTE GERAL I 1992 PAG404.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART127 ART410 N2 A C. CP95 ART14 N3 ART22 ART23 ART131 ART132 N1 N2 C G.
Jurisprudência Nacional: AC STJ PROC41567 DE 1991/02/13. AC STJ DE 1989/03/29 IN BMJ N385 PAG530. AC STJ PROC46599 DE 1995/06/14.
Sumário : I - A insuficiência da matéria de facto para a decisão da causa não se confundem com a insuficiência da prova para a decisão de facto proferida. II - Se se ataca a matéria de facto dada como provada só por ter sido da maneira como o foi, mas os factos provados permitem perfeitamente chegar ao enquadramento jurídico realizado pelo tribunal, não estando a mais ou a menos, e nenhum facto existe em relação ao qual se possa dizer que houve vícios da sentença, tal ataque escapa ao poder de censura do STJ, dado o disposto nos artigos 433 e 127 do Código de Processo Penal. III - Só se pode considerar como co-autor e não como cúmplice, o arguido que tomou parte directa na execução de dois homicídios - um consumado e outro tentado - praticados a tiro com disparos de uma caçadeira por outro agente, conduzindo o primeiramente...
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