Acórdão nº 97P1478 de Supremo Tribunal Administrativo (Portugal), 16 de Abril de 1998 (caso None)
Magistrado Responsável | CARLINDO COSTA |
Data da Resolução | 16 de Abril de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP87 ART1 N 1 G ART370 N2 ART410 N2 A. DL 401/82 DE 1982/09/23 ART4. CP95 ART77 N1 ART231 N1 N4.
Sumário : I - A falta do Relatório Social, nos casos em que é obrigatória a sua solicitação (cfr. artigo 370, n. 2, do CPP) constitui, em regra, o vício da alínea a), do n. 2, do artigo 410, do CPP (insuficiência da matéria de facto provada para a decisão). Porém, esse vício não se verificará se, não obstante a falta do aludido relatório, estiver abundantemente provada toda a factualidade a que, eventualmente, aquele se pudesse reportar. II - A atenuação especial da pena, nos termos do artigo 4, do DL 401/82, de 23 de Setembro, só pode ter lugar quando o juiz tiver sérias razões para crer que, da...
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