Acórdão nº 97P720 de Supremo Tribunal Administrativo (Portugal), 04 de Dezembro de 1997 (caso None)
Data | 04 Dezembro 1997 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP886 ART102. CP82 ART313 ART314 B C. CP95 ART30 ART217 ART218 N2 A C. CPP87 ART97 ART374 N2. L 15/94 DE 1994/05/11 ART8 N1 D ART11.
Jurisprudência Nacional: AC RP DE 1989/03/08 IN BMJ N375 PAG444. AC STJ PROC40288 DE 1989/11/15.
Sumário : I - O acórdão recorrido não é nulo por se fundamentar em documentos não exibidos nem examinados em audiência, quando já se encontravam juntos aos autos desde o início e lá permaneciam quando a arguida apresentou a sua contestação. II - O n. 2 do artigo 374 do CPP apenas impõe que se faça constar uma exposição dos motivos de facto e de direito que fundamentam a decisão, com indicação das provas que serviram para formar a convicção do tribunal. III - O crime continuado dá-se, quando existe a realização plúrima do mesmo tipo de crime ou de vários tipos de crime que fundamentalmente protejam o mesmo bem jurídico, executada por forma essencialmente homogénea e no quadro da...
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