Acórdão nº 97P414 de Supremo Tribunal de Justiça (Portugal), 29 de Outubro de 1997 (caso NULL)
Magistrado Responsável | FLORES RIBEIRO |
Data da Resolução | 29 de Outubro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: F DIAS IN DIR PROC PENAL 1974 ANOI PAG431. S SANTOS E L HENRIQUES IN COD PROC PENAL ANOI TI PAG287.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CE94 ART5 N3 ART59 B ART60 ART61 N2 A B. CP82 ART44 N1 ART70 ART72 ART136 N2 ART219 N2. CP95 ART2 N4 ART45 N1 ART71 ART137 N2 ART200 N2. CPP87 ART58 ART61 N1 ART127 ART410 N2 C ART433. DL 48/95 DE 1995/03/15. DL 15/94 DE 1994/05/11 ART9 N2 C.
Jurisprudência Nacional: AC STJ DE 1990/02/07 IN CJ ANOXV TI PAG28. AC STJ DE 1988/03/23 IN BMJ N375 PAG223. AC STJ DE 1989/01/18 IN BMJ N383 PAG276.
Sumário : I - Entre os direitos processuais de que o arguido goza em qualquer fase do processo refere o artigo 61 n. 1 do CPP, é "o de estar presente aos actos processuais que directamente lhe disserem respeito, devendo tais actos ser entendidos como todos aqueles relativamente aos quais vale em geral o princípio da contraditoriedade entre os vários intervenientes. II - Não há erro notório na apreciação da prova quando o que o recorrente ataca nas suas alegações é o princípio da livre apreciação da prova consagrado no artigo 127 do CPP, o qual o Supremo Tribunal de Justiça não pode censurar, se tal princípio não se mostrar violado. III - O crime de omissão de auxílio previsto no artigo 219 do CP/82 (a que corresponde, no CP/95, o artigo 200, sem alteração nas penas), é um crime de omissão para, cuja existência resulta apenas de o agente não levar a cabo socorro à vítima...
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