Acórdão nº 97P321 de Supremo Tribunal de Justiça (Portugal), 29 de Outubro de 1997 (caso NULL)
Data | 29 Outubro 1997 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIM”NIO. DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
LegislaÁ„o Nacional: CP82 ART48 N1 ART72 N1 N2 ART78 N1 ART228 N1 N2 ART300 N1 N2 ART313 N1 ART314 C. CPP87 ART127 ART374 N2 ART379 A ART410 N2 N3. L 15/94 DE 1994/05/11 ART8 N1.
JurisprudÍncia Nacional: AC STJ PROC41407 DE 1991/02/13.
Sum·rio : I - A alÌnea c) do n. 2 do artigo 410 do CPP prevÍ o erro notÛrio na apreciaÁ„o da prova e n„o a apreciaÁ„o dos factos provados em ordem a aplicar o direito. Uma coisa È a apreciaÁ„o da prova feita segundo as regras da experiÍncia e a livre convicÁ„o da entidade competente a que se refere o artigo 127 do citado CÛdigo, outra o erro na apreciaÁ„o da prova. II - O facto de uma testemunha ter sido ouvida duas vezes: uma como testemunha de defesa, por carta precatÛria, e outra, como testemunha de acusaÁ„o, em audiÍncia de julgamento, n„o retira o car·cter unit·rio a tais depoimentos, n„o impondo o artigo 374 n. 2 do CPP uma referÍncia pormenorizada a esse depoimento, sendo do conjunto deste que o tribunal retira a sua convicÁ„o, pelo que a falta da pretendida pormenorizaÁ„o n„o implica a nulidade...
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